Orange County DUI Lawyers
DUI Attorney in Orange County
If you are stopped by the police at a DUI checkpoint or for a traffic violation and the officer
arrests you for driving drunk or driving under
the influence of drugs (DUI drugs) after a DUI
investigation (which usually includes roadside fieldsobriety tests), then California Vehicle Code Section23612 requires that you submit to a chemical test to determine your
blood-alcohol content. You do NOT have the right to have your Orange County DUI lawyer present during the test. In
Orange County a chemical test means either a blood test
or a breath test. If you refuse to take a
chemical test then the law imposed additional penalties
on you including additional jail time, a
nine-month alcohol program for a first-offense
(as opposed to the typical three-month DUI school),
and a longer driver’s license suspension period
following your DMV hearing. These penalties are
heightened if there was a DUI with injury.
What Constitutes a Refusal
Dui lawyers in Orange County know
that once the police officer reads you the admonition, your consent to submit
to the test must be “clear and unambiguous”. Moreover, you only get one chance
to agree to take the test after you have been properly admonished. If you do
not consent to take a test after being admonished, then that constitutes a refusal.
If the police do a “forced draw” where they hold you down
and take your blood, you still will face a refusal charge. Even if you refuse at first but change your mind and agree to
take a test later, and do take a test later, you can still be charged with a
refusal based on your first answer. One offer plus one rejection equals a
refusal, even if you later comply.
If the officer attempts to read the admonition to you and
you are disruptive during the reading, this too is a refusal. Also, if you
initially agree to take a test but are uncooperative during the test, this is
also a refusal. For example, if you agree to take a breath test, but during the
test you purposely don’t blow hard enough to get a result, then this is a
refusal.
If you choose one test but are unable to complete it, then
you must submit to the other test. So, for example, if you choose the breath
teat but cannot blow hard enough or long enough (perhaps due to asthma or other
ailment), then you must submit to the blood test. Failure to do so constitutes
a refusal. However, if you suffer from hemophilia or if you are taking
anticoagulant medicine, then you are exempt from taking a blood test
If you’ve been charged with a refusal
and a DUI in Orange County it is important that
you consult with an Orange County DUI attorney. Call
the Law Offices of EJ Stopyro at (949) 559-5500 to consult with an Orange County DUI defense attorney today. The
consultation is free and confidential.
Or visit our website at www.EJEsquire.com.
Law Offices of EJ Stopyro
DUI Attorneys in Orange CountyOrange County DUI Attorney
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