Chemical Test Refusal; Enhanced Penalties

Orange County DUI lawyers

If you are arrested for a DUI in Orange County, or anywhere in California for that matter, and you refuse to take a chemical test (blood test or breath test), then the law encourages or requires that the court enhance your punishment if you are convicted of a DUI. If you are not convicted of the DUI, then the enhancement no longer applies. California Vehicle Code Section 23577 states that when a person refuses a chemical test and is convicted of a first-offense DUI where nobody is injured, then the judge can add jail time to the first-offense sentence. The time added to the sentence ranges from two days to six months.

DUI Attorneys in Orange County know that although a first-offense DUI in Orange County is punishable by up to six months of jail time, when nobody is injured there is typically no jail time imposed. However, if there is a refusal allegation, judges are inclined to impose at least two days of jail time under Section 23577. If the first offense DUI is a DUI with injury, then Section 23577 REQUIRES at least two days of jail time.

When a driver is convicted of a second-offense DUI, with or without injury, then the law mandates at least 4 days in the county jail. This is the minimum that must be tacked on to whatever time the judge imposes for the underlying second-offense DUI. So, for example, if a driver is convicted of a second-offense DUI and sentenced to 90 days in the Orange County jail (a typical sentence), and the driver refused a blood or breath test, then the judge must tack on at least four extra days. This four days is just the minimum though. The judge can tack on an additional six months if the judge is so inclined to do so.

If a driver is convicted of a third-offense DUI and the person refused a chemical test, then the judge must add an additional 10 days to the sentence. Of course the mandatory sentence for a third-offense DUI is 120 days in the Orange County jail. This, again, is a minimum. Any Orange County DUI Lawyer will tell you that a third-offense DUI is punishable by up to a year in the Orange County jail and the typical sentence in Orange County is around 8 months. The refusal enhancement will add between 10 days and six months on top of that sentence. The refusal enhancement for a fourth-offense DUI is a minimum of 18 days and a maximum of six months in the Orange County jail. The underlying fourth-offense DUI will usually be charged as a felony and punished by between 16 months and three years in the state prison.

Your DUI Attorney in Orange County knows that in order to tack on the extra time for the refusal enhancement the DA must allege in the Complaint that the driver refused the chemical test and the jury must find the allegation to be true. Of course, this enhancement only applies to the court proceedings. The DMV will also enhance its punishment by requiring a one-year license suspension with no possibility of a restricted license.

For a free and confidential telephonic consultation call the Law Offices of EJ Stopyro at (949) 559-5500. Or visit our website at www.EJEsquire.com.