Refusing a breathalyzer test in California can lead to very serious consequences, including suspension of your driver’s license and additional penalties if you are ultimately convicted of the DUI charge.
A California DUI defense attorney can aggressively defend you against a DUI charge by raising a strong legal defense in court or negotiating a fair plea deal for you. Throughout the process, your lawyer will safeguard your rights, answer your questions, and help you achieve the best possible result in your case.
Elements of a California DUI Charge
To convict someone of DUI (Driving Under the Influence) in California, the prosecution must prove several key legal elements beyond a reasonable doubt. Here’s what the prosecution needs to establish:
- Driving: The prosecution must first prove that the accused was driving a vehicle. This means that the person was physically controlling the car and had it in motion. In some cases, even if the vehicle was not moving, the act of operating or attempting to operate the vehicle may be enough to satisfy this element.
- Intoxication: The next element the prosecution must prove is that the driver was under the influence of alcohol, drugs, or both. California law defines intoxication in a couple of ways:
- Blood Alcohol Concentration (BAC): The prosecution can prove intoxication if they can show that the driver had a BAC of 0.08 percent or higher at the time of driving. This can be established through breath, blood, or urine tests.
- Impaired Driving Ability: Even if the BAC is below 0.08 percent, the prosecution can still argue that the driver was too impaired to operate the vehicle safely. This may be demonstrated through erratic driving behavior, the driver’s physical appearance, or performance on field sobriety tests.
- Unlawful Behavior: The prosecution must also prove that the intoxicated driving was unlawful. In other words, the person was not legally permitted to drive under the influence. This includes scenarios where the driver was already on probation for a previous DUI or if the driver was under the legal drinking age of 21 and had any measurable amount of alcohol in their system.
If the prosecution successfully proves all of these elements – driving, intoxication, and unlawful behavior – the accused can be convicted of DUI in California. However, if even one element is not proven beyond a reasonable doubt, the jury must acquit the accused.
What Happens if You Refuse a Breathalyzer in California?
Refusing a breathalyzer test in California can lead to serious consequences. When a driver is suspected of being under the influence of alcohol or drugs, law enforcement may ask them to take a breathalyzer test. This test measures the amount of alcohol in the driver’s bloodstream, which helps determine if they are legally intoxicated. However, refusing to take this test can have significant legal implications.
- First, it’s important to understand that California has what’s called an “implied consent” law. This means that by obtaining a driver’s license and driving on California roads, you have automatically agreed to submit to a chemical test, such as a breathalyzer if you are lawfully arrested for DUI. If you refuse this test after being arrested, you violate the implied consent law.
- The consequences of refusing a breathalyzer start with an automatic driver’s license suspension. For a first-time refusal, your license can be suspended for one year. If it’s your second refusal within ten years, the suspension period increases to two years. For a third refusal in the same timeframe, you can lose your license for three years. This suspension is separate from any penalties related to the DUI itself.
- In addition to losing your license, refusing a breathalyzer can make things more difficult if you go to court. The prosecutor can use your refusal as evidence against you, arguing that you refused the test because you knew you were intoxicated. This can make it harder for your defense attorney to argue your case and may increase the chances of a DUI conviction.
- Furthermore, if you’re ultimately convicted of DUI, refusing the breathalyzer may lead to harsher penalties. The judge can impose stiffer fines, longer alcohol education programs, or even more time in jail compared to someone who took the test.
- In some cases, refusing the breathalyzer may also lead to an immediate arrest if the officer believes there is enough evidence of intoxication. This can involve field sobriety tests, observations of your behavior, or other signs that you were driving under the influence.
Overall, while it may seem like refusing a breathalyzer could protect you, in California, it often results in more severe consequences than simply taking the test.
What are the Possible Penalties for a California DUI Conviction?
If you are convicted of DUI in California, you can face several serious penalties. These penalties can vary based on factors like whether it’s your first offense or if you have prior DUI convictions, as well as the specifics of your case.
- Fines: A DUI conviction typically comes with substantial fines. For a first offense, you may face fines ranging from $390 to $1,000, not including additional court costs and fees. Subsequent offenses can lead to even higher fines.
- License Suspension: Conviction for DUI usually results in a driver’s license suspension. For a first DUI offense, the suspension period is generally six months. If you have prior DUI convictions, the suspension period can be longer. For example, a second DUI may lead to a two-year suspension, and a third offense can mean a three-year suspension. During this period, you won’t be able to legally drive, which can disrupt your daily life.
- Jail Time: Jail time is another potential penalty for DUI in California. For a first offense, you may face up to six months in jail. If you have prior DUI convictions, the jail time can increase significantly. For a second offense, the maximum is one year, and for a third offense, it can be 16 months to three years in county jail.
- Probation: Instead of or in addition to jail time, you may be placed on probation. Probation for a DUI typically lasts three to five years and requires you to follow certain conditions, such as attending alcohol education programs and not breaking any laws. Violating probation conditions can lead to additional penalties.
- Alcohol Education Programs: California requires DUI offenders to attend alcohol education or treatment programs. For a first DUI offense, this usually involves a three-month program. For multiple offenses, the length of the program can extend to 18 or 30 months, depending on the number of offenses.
- Vehicle Impoundment: Your vehicle may be impounded for up to 30 days. This means you will have to pay fees to retrieve your vehicle, and you won’t have access to it during the impound period.
- Increased Insurance Rates: After a DUI conviction, your car insurance rates are likely to increase significantly. Insurance companies view DUI convictions as high-risk and will charge higher premiums.
Overall, a DUI conviction in California can have lasting consequences beyond immediate legal penalties, affecting your finances, freedom, and personal life.
Possible Legal Defenses to a California DUI Charge
If you’re facing a DUI charge in California, several legal defenses may help challenge the accusations against you. Here are some of the most common defenses used in DUI cases:
- Unlawful Stop or Arrest: One common defense is that the police did not have a valid reason to stop your vehicle or arrest you. For a DUI stop, officers must have a reasonable suspicion that you’re committing a traffic violation or behaving suspiciously. If the stop was unlawful, any evidence collected, such as breathalyzer results, may be inadmissible in court.
- Improper Administration of Field Sobriety Tests: Field sobriety tests, such as walking in a straight line or balancing on one leg, are used to gauge impairment. However, these tests can be affected by factors like poor road conditions, medical conditions, or nervousness. If the tests were not administered correctly or if you had legitimate reasons for failing them, this can be a valid defense.
- Faulty Breathalyzer Equipment: Breathalyzer devices are used to measure blood alcohol concentration (BAC). However, these machines must be regularly calibrated and maintained to provide accurate results. If the equipment was malfunctioning, not properly calibrated, or not used correctly, the test results may be unreliable.
- Rising BAC: This defense argues that your BAC was below the legal limit while driving but rose above it by the time of the test. Alcohol takes time to enter the bloodstream, so if you were pulled over soon after drinking, your BAC may have increased by the time the test was administered.
- Medical Conditions: Certain medical conditions can affect the results of breathalyzer tests or field sobriety tests. For example, acid reflux can cause a breathalyzer to show a higher BAC than actual. If you have a medical condition that can affect the test results, this may be used as a defense.
- No Actual Physical Control: For a DUI conviction, it must be proven that you were in actual physical control of the vehicle. If you were merely sitting in the car but not driving or attempting to drive, this may be a defense.
- Illegal Search and Seizure: If evidence against you was obtained through an illegal search or seizure, it may be excluded from the case. This means if the police did not follow proper procedures, key evidence may be thrown out.
These defenses can vary based on the specifics of your case. An experienced California DUI attorney can help you determine the best strategy for challenging the charges against you.
Accepting a Plea Deal in a DUI Case Versus Taking the Case to Trial
When facing a DUI charge in California, you often must choose between accepting a plea deal or taking the case to trial. Each option has its own pros and cons, and the decision can significantly affect the outcome of your case.
Accepting a Plea Deal:
A plea deal involves agreeing to plead guilty or no contest to a DUI charge in exchange for a reduced sentence or lesser charges. This option can offer several advantages:
- Reduced Penalties: By accepting a plea deal, you may receive a lighter sentence compared to what you may face if convicted at trial. This may include reduced fines, shorter license suspension, or a shorter jail sentence.
- Certainty: Pleading guilty provides a more predictable outcome. You know the penalties in advance and avoid the uncertainty of a trial. This can be less stressful and help you plan your next steps more effectively.
- Faster Resolution: Plea deals typically resolve the case more quickly than going to trial. This can help you avoid prolonged legal battles and move on with your life sooner.
- Avoiding Trial Risks: Trials come with risks, including the possibility of a harsher sentence if found guilty. A plea deal lets you avoid the risk of a more severe penalty that may result from a trial.
Taking the Case to Trial:
Choosing to take your DUI case to trial means you will contest the charges and present your case before a judge or jury. Here are some factors to consider:
- Chance of Acquittal: At trial, you have the chance to prove your innocence and possibly be acquitted of the charges. If the prosecution fails to prove their case beyond a reasonable doubt, you can be found not guilty.
- Challenge Evidence: A trial allows you to challenge the evidence against you, such as questioning the accuracy of breathalyzer results or the legality of the traffic stop. This can sometimes lead to a dismissal of charges or a favorable verdict.
- Potential for Reduced Charges: Even if you do not win at trial, presenting your case may lead to reduced charges or a more lenient plea deal. Prosecutors may offer a better deal if they see you are serious about defending yourself.
- Time and Costs: Trials can be time-consuming and expensive. Legal fees, court costs, and the time spent away from work or personal life can add up.
Ultimately, the decision to accept a plea deal or go to trial should be made with the guidance of an experienced California DUI attorney who can help you weigh the benefits and risks of each option based on the specifics of your case.
Talk with an Experienced California Criminal Defense Lawyer Today
If you have been arrested for DUI in California, it’s essential that you have a knowledgeable California criminal defense lawyer advocating for you. Your lawyer can explain your legal rights and options, defend you against the charge, and pursue the best possible result, given your case and circumstances.