California Chemical Test Refusal Penalties
Being arrested for driving under the influence (DUI) in California can be an intimidating experience, especially when a person realizes the potential penalties of DUI along side of refusing to submit to a chemical test after being arrested. It is important for an individual facing DUI and chemical test refusal charges to contact an experienced Santa Clarita DUI attorney as soon as possible to ensure that their legal rights are protected and an effective defense can begin to be planned and implemented.
The following is a list of penalties for a DUI chemical test refusal allegations:
A nine month alcohol program as opposed to the typical three month program for first time DUI offenders will be required. The DMV will suspend your license for one year based on the court conviction regardless of whether you were found in violation of a refusal allegation at a DMV hearing.
Second DUI Within Ten Years
96 hours in county jail. The DMV will suspend your license for two years based on the court conviction regardless of whether you were found in violation of a refusal allegation at a DMV hearing.
Third DUI Within Ten Years
10 days in county jail. The DMV will suspend your license for two years based on the court conviction regardless of whether you were found in violation of a refusal allegation at a DMV hearing.
Fourth or Subsequent DUI Within Ten Years
18 days in county jail.
Criminal Courts and Refusal Allegations
If you plead guilty or no contest to DUI and a refusal allegation or if you take your case to trial and you are found guilty of DUI and the refusal allegation, the court will impose other penalties in addition to the penalties for the underlying DUI charge. Depending on whether it is your first, second, third, fourth, or subsequent DUI, penalties may include an alcohol program, time in county jail, and driver's license suspension.
It is important to understand that the Department of Motor Vehicles (DMV) will suspend your driver's license whether you are found in violation of a refusal allegation administratively at a DMV hearing or if you are found guilty of a refusal allegation in a criminal court. It is a two front battle when it comes to fighting refusal allegations and preserving your privilege to drive.
It is also important to note that the jail sentences mentioned above are imposed in addition to and can run consecutive to jail or prison sentences imposed by the court for the underlying DUI sentence.
Moreover, to obtain a conviction for a refusal allegation the prosecutor must first prove that the defendant is guilty of DUI.
DUI Chemical Test Refusal Defense Lawyer
Never underestimate the consequences of a California DUI or a charge for refusing to submit to a chemical test. Having these serious charges on your record may not only impede your professional life, but the penalties may also greatly affect your personal life and financial wellbeing. To ensure an effective defense on your behalf and that your rights are protected for a DUI and chemical test refusal allegation, call the Law Offices of Daniel E. Kann for a free consultation with a Santa Clarita DUI lawyer.