Beverly Hills DUI Lawyer

Did You Refuse to Take a Chemical Test?

California operates under the “implied consent” law, which means that all drivers implicitly consent to a blood or a breath test if an officer lawfully arrests you for drunk driving. Many penalties come along with refusing to submit to these tests. However, you should know, that there are many valid defenses that may be useful to the outcome of case.

Be sure to contact me, Attorney Jay Jaffe, to discuss your case. I may be able to help you avoid these penalties and help keep your record clear of a DUI conviction!

Penalties for a DUI Chemical Test Refusal

The penalties for refusing to submit to a chemical test will depend on the circumstances involved. Is this your first DUI? The penalties, while harsh, are not nearly as severe as those for a second or subsequent DUI. For refusing to submit, not only could you face the standard DUI penalties if convicted, a refusal only adds more to the list.

Here are the DUI penalties as follows:

  • 1st offense:
    • Probation for 3 to 5 years
    • Up to 6 months and 2 extra days in jail
    • Driver’s license suspension for 1 year
    • 9-month enrollment in DUI school
  • 2nd offense:
    • Probation for 3 to 5 years
    • 96 hours and up to 1 year, plus 96 extra hours in jail
    • License revocation for 2 years
  • 3rd offense:
    • Probation for 3 to 5 years
    • 120 days and up to 1 year, plus 10 days in jail
    • 30-month enrollment in DUI school
    • License revocation for 2 years
    • Designation as a Habitual Traffic Offender

Fortunately, even if you are charged with refusing to submit to a chemical test, it does not mean that the charges will take hold. There are numerous defenses to refute the evidence and claims made against you. For example, officers may not have acted lawfully during the arrest. Perhaps they conducted an illegal search and seizure, or they had no probable cause to stop you in the first place. A judge can throw out a case on this very legal basis. You have every right to explore your legal options. I can help you challenge these charges.

Passionate. Diligent. Committed.

What sets me, Attorney Jay Jaffe, apart from all others? I am known for my intense and hardworking spirit. I am compassionate because I understand that facing criminal charges is stressful and terrifying. I am here to stand strong for you and be a fierce advocate to protect your rights. I am also an award-winning attorney, having received the Lifetime Achievement Award in Criminal Law by the Los Angeles Criminal Courts Bar Association in 2014.

I am honest and upfront with my clients from the very start. If you need help, give me a call so that I can help you move forward: (310) 275-2333.