California Implied Consent Laws: DUI Refusal Defense

A "refusal" to submit to chemical testing carries mandatory jail time and year-long license suspension. Our Los Angeles DUI Attorneys aggressively challenge the "refusal" allegation in court and with the DMV.

When you are pulled over and arrested for a DUI, you will be asked to submit a chemical test to determine the concentration of alcohol in your blood. The chemical testing offered to a person arrested include blood, breath, or urine tests to determine the exact amount of alcohol content in the blood. The state of California employs the "implied consent" law, which requires any driver suspected of DUI to be tested for their blood alcohol content.

Individuals who arrested may be unaware of the fact that possessing a California driver’s license means you entered an implicit agreement to be tested for alcohol when required by law enforcement. When you sign driver’s license paperwork you automatically approve and sign for the permission to be tested. Since driving is viewed under California law as a privilege and not a right, there are strict rules and responsibilities imposed on a driver. The requirement for chemical testing is one of these responsibilities.

If the police claim that you have refused to be tested for alcohol in your blood, you must seek the help of an experienced Los Angeles DUI defense lawyer immediately. The lawyers at Kestenbaum, Eisner, & Gorin, LLP, have the necessary experience to defend you against a claim of refusing DUI chemical tests. For example, in some cases the police do not inform the driver of the "implied consent" laws and the consequences of refusing alcohol tests. This can be used in your defense to mitigate the penalties associated with a DUI, and to get the refusal allegation dismissed!

Contact our Los Angeles DUI lawyers immediately to answer all your questions about challenging the Refusal Allegation in court and with the DMV. Call 877-781-1570.

We promise a response to your inquiry 24/7! For clients’ convenience, we have numerous offices in Los Angeles County, including Van Nuys (the firm headquarters), Pasadena, Burbank, Ventura, Glendale, Whittier, Long Beach, LAX, Torrance, Century City, Beverly Hills, and Hollywood.