San Diego DUI Test Refusal Defense Attorney

San Diego Breath or Blood Test Refusal: Attorney

California law states that a driver is deemed to have given his consent to the testing of his breath or blood for the purpose of determining its alcoholic content. In the real world however, for a very wide variety of reasons, a substantial number of individuals end up refusing to take a breath or blood test after being arrested in San Diego on suspicion of DUI.

Refusal cases are serious in court, because California law calls for mandatory custody in refusal cases. Refusal cases are serious before the California DMV, because the law calls for an outright one-year suspension for a first offense. The penalties for a refusal before the court, and DMV, become even more serious if an individual has an allegeable (within 10 years) prior offense(s).

If you or a loved one has been charged with refusing to take a chemical test, you need to get an experienced San Diego DUI Refusal Attorney, and you need to get one now. You can call San Diego DUI Refusal Attorney Mark R. De Yoe right now (619) 894-8295, (even in the evening or on a weekend). Here the general DMV 10 day rule applies!

Probable Cause to Stop, Lawful Detention, and Probable Cause to Arrest

In refusal cases there must first be a lawful arrest with an analysis as to probable cause to stop (or lawful detention) and probable cause to arrest, after the stop was made. In a San Diego DMV refusal case, an Order of Suspension must be set aside by the DMV if there is no lawful arrest.

Admonishment?

Anyone ever charged with a DUI refusal in San Diego, California, might be surprised to learn what California Vehicle Code Section 23612 states on the subject:

“(D) The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted of a violation of Section 23152 or 23153, and (i) the suspension of the person's privilege to operate a motor vehicle for a period of one year,… (and a great deal more omitted here).

San Diego DUI Attorney Mark R. De Yoe has fought the California Administrative Per Se Laws for as long as those laws have been on the books. He has over 20 years of experience in fighting DUI cases throughout San Diego County, and the State of California. You can obtain Mark’s help and experience in dealing with a San Diego DUI refusal case by calling him at (619) 894-8295, or you can email him.