San Diego DUI lawyers say if you are ever arrested for a DUI, there is only one chemical test you are legally obligated to take that is either a breath test or blood test after you have been lawfully arrested.

California’s “Implied Consent” law under Vehicle Code Section 23612 states: “Any person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purposes of determining the alcoholic content of his or her blood, if lawfully arrested for any offense allegedly committed in violation of section 23140, 23152 or 23153 (the California DUI laws).”

Refusal to submit to a chemical test acts as an enhancement allegation in a DUI case and carries with it additional penalties above and beyond what is normally imposed for a DUI conviction. However, just because you refuse to take a test, does not mean your case is a loser.

It is actually one less piece of evidence the prosecution has to use to prove that you were under the influence of alcohol.

There are a number of defenses available in a chemical test refusal DUI case in San Diego.

The following are leading chemical test refusal DUI case defenses in San Diego drunk driving cases:

Unlawful Arrest: If it can be shown that the officer had insufficient cause to pull you over or arrest you, then whether or not you validly refused a chemical test is of no consequence.

Officer Failed to Properly Advise You: In order for a chemical test refusal to be valid, the officer must follow a specific set of instructions to both advise your of your legal obligation to submit to a chemical test, as well as, advise you as to the consequences for refusing to do so. An improper advisement in this regard will invalidate any alleged refusal.

Office Induced Confusion: If the manner in which the officer advises you of your legal obligation to submit to chemical test and the potential consequences for failing to do so causes you to be confused, then this can negate the validity of the refusal.

You Did NOT Refuse: An officer may get frustrated with an individual who understands that they do not have to submit to the field sobriety tests (FSTs) or the Preliminary Alcohol Screening test (PAS) to the extent that their refusal to submit to those tests will be deemed by the officer as an outright refusal to all tests. In these instances, the officer may never even give the advisement and just railroad the person into a refusal situation despite their attempts to inform the officer of their willingness to submit to a post-arrest chemical test.

To contact a San Diego DUI Lawyer who can help