California Drunk Driving Defense Attorney - Chemical Test Refusal Punishments

Separate Court Penalties 

In addition to any penalties imposed by the DMV, those arrested for drunk driving and also charged with refusing to submit to chemical testing may also suffer penalties imposed by the courts.  It should be noted that although refusing to take a chemical test may lessen the evidence against you in court, the fact that you refused to take a chemical test can be introduced to show the court a "consciousness of guilt."  If a DUI suspect is found guilty of drunk driving and refusing to submit to a chemical test, under California laws there are mandatory punishments that will be imposed, depending upon the number of prior offenses.  In addition to any other penalties that the court may impose such as jail time or alcohol treatment program participation, the mandatory punishment for a first time offender is 48 hours in jail, 96 hours in jail for a second offense, 10 days in jail for a third offense, and 18 days in jail for a fourth offense.  

As mentioned, the "refusal" is treated as separate charge and as with the DUI charge, it must be "proven" in court and at the DMV Administrative hearing that a DUI suspect did indeed refuse chemical testing.  In order for the charge of refusing to stick, it must be proven beyond a reasonable doubt, that the DUI suspect did in fact "refuse" any chemical testing.  In order to fight this charge, an experienced California DUI attorney will often look to prepare defenses that include the DUI suspect's not being lawfully arrested, the DUI suspect's acquittal of the driving drunk" charge, and the arresting officer's failure to advise the DUI suspect of the consequences for refusing chemical testing.