When a person is stopped on suspicion for driving under the influence, they will be asked to take a blood alcohol test. When a person is issued a driver’s license in California, they give their implied consent to submit to a blood alcohol test when asked to do so by officers. Officers will ask a person who is stopped to take a BAC test at the scene of the stop, but the driver is not required by law to do so at that time. This is referred to a preliminary blood alcohol screening test.
The driver will be asked to take a second BAC test, either blood or breath, at the station. This is a required test, and if the person refuses, there will be more severe consequences if the person is convicted. When the person refuses to take any BAC test, it is referred to as a refusal and dealt more severely with Courts.
In many situations, however, a person genuinely attempts to take the BAC test and is unable to do so, regardless, the Court will treat the case as a refusal. It is up to the person being charged and their Los Angeles DUI Defense Lawyer to prepare a strong argument that demonstrates the person’s full faith effort to cooperate with officer’s requests.
The arresting officer will prepare a report that states the person did not sufficiently provide a sample. There are many reasons a person fails to do so. With a breath test, they may not be able to blow properly, especially if they have asthma or are nervous. A person may not be able to take a blood test if they are scared of needles, or the person gathering the sample is unable to get a measurable sample of blood.
The officer will create a scenario that indicates the driver was uncooperative, that the person was not cooperative and purposely would not provide a sufficient sample. The criminal defense attorney will have to present the facts to the court that proves that it was not the case.
The Los Angeles County DUI specialist will demonstrate that the person provided several samples when asked, regardless of the fact that they were insufficient. The attorney will also show that the person is an upstanding citizen of the community who has always followed the law and has been cooperative with legal obligations. In essence, they must prepare a powerful defense that the person did their best to cooperate with the BAC test, and were unable to do so.
If a person is convicted of a DUI refusal, the consequences are significantly more severe than a DUI without a refusal. The help of a knowledgeable Los Angeles DUI lawyer will assure that the Judge is aware of your full faith effort to comply with officers and that the charge should not have the added enhancement of a refusal. Be sure that you have an experienced attorney to fightsfor your rights, and assure that you see the most favorable outcome for your case.