Home » DUI/DWI » DUI Refusal Cases

Refusal Cases

The DUI laws in California are particularly harsh on drivers that refuse to provide a Blood Alcohol Content (BAC) test at the site of pull over or at the police station. The drivers who refuse a test faced ‘enhanced’ penalties in addition to the consequences of the DUI misdemeanor.

If you have refused a breath or blood test in the DUI suspicion, your case is more complicated than the average DUI case. In the refusal cases, it is better to consult an experienced Defense attorney that understands the laws and systems and can help you to reduce the sentences to a minimum. It is also important to note that a strong defense case can result in dismissal of ‘refusal’ charges and you may only be penalized for DUI misdemeanor if any.

Blood Alcohol Content (BAC)

BAC determines the level of intoxication in the body, and it is used to determine whether a person can be charged with DUI or not. The state of California has set the limit of acceptable BAC level for adult drivers to 0.08 and 0.04 for commercial drivers. For the drivers under the age of 21, the 0.01 or any amount of alcohol in the blood is considered illegal.

So, any driver who is pulled over for the suspicion of intoxicated driving is asked to undergo breath and blood tests to determine the level of alcohol content in blood.

Preliminary Testing

The Preliminary Alcohol Screening (PAS) occurs at the site of pull-over. When the police officers pull you over in the suspicion of DUI, they ask you to provide breathalyzer test. The PAS or breathalyzer test is voluntary, and if anyone who is asked for breathalyzer test has refused it, there cannot be enhancement charges against that person.

For the drivers who are under 21 years of age, the breathalyzer test is mandatory, and it is also required for the drivers who are on probation for a previous DUI charge.

The refusal to breathalyzer test may result in immediate arrest. But, the officer can already arrest you for the suspicion of the drunk driving. So, refusal does not play a major role in the arrest.

Chemical Testing

The second type of testing is the chemical testing which is conducted at the hospital or a police station. According to law, the drivers who refuse the breathalyzer test must provide the chemical test. The chemical testing is done under ‘implied consent’ by California Vehicle Code section 2361 which means that any driver by driving the car gives the consent for chemical testing.

If you have not approved breathalyzer, but you provided the blood sample for chemical testing, you cannot be charged with ‘refusal enhancement.’ However, if you do not provide both PAS and chemical test, you will have to face additional enhancement with DUI charges.

Implied Refusal

If you or your family member or friend is facing DUI refusal enhancement in California, you should be aware of ‘implied refusal.’ The charges of implied refusal are levied when

The person fails to blow hard enough in the breathalyzer resulting in error
The person is unconscious to provide consent for the breathalyzer

Sometimes, the error in the breathalyzer or faulty device may also result in ‘implied refusal’ because the device did not provide accurate results and the officer puts the blame on you.

Enhancement Refusal Penalties

The penalty for enhancement refusal is increased jail time and suspension of driving license in addition to DUI sentence.

The first-time enhancement refusal results in 48 hours’ jail time and driving license suspension for 1 years
The second-time offense will lead to 96 hours’ jail time and 2 year driving license suspension.
The third offense of enhancement refusal results in 10 days’ jail time and suspension of driving license for 3 years.

Also, unlike normal DUI cases, the refusal cases do not qualify for any restricted license. It means that the driver cannot apply for a restricted ‘to and from work’ driving license. So, it means an absolute suspension of the license.

Available Defense in DUI Refusal Cases

If you are charged with ‘enhancement refusal,’ contact us to provide you with the best legal advice. Our team of DUI defense lawyers consists of previous prosecutors and police officers, and we know what exactly can go wrong and how to fix it. After exploring the available defenses, we focus on the strongest ones to prepare a strong case for your DMV and Court hearings.

If it is established in court that the police officer pulled you over without enough legal reasons, then the enhanced punishment along with DUI charges is dropped.

If it is established in court that the officer failed to inform you about the consequences of refusal, then the charges of enhanced punishment are dismissed.

Areas We Serve

Los Angeles County
(213) 341-4427
San Bernadino County
(909) 748-5272
Sacramento / Sonoma
(916) 248-4717
San Fernando Valley
(818) 614-9567

Orange County
(714) 442-2601
Riverside County
(951) 329-9499
South L.A. / Long Beach
(562) 786-8383
OC Coastal Cities
(949) 891-0102

San Diego County
(619) 752-2235
Alameda / San Joaquin
(510) 403-8809
City of L.A. / East L.A.
(310) 882-6466
Bakersfield / Kern
(661) 473-0422

Ventura County
(805) 248-7408
Santa Barbara
(805) 791-2162
Fresno / Santa Clara
(559) 365-7055
San Francisco
(510) 403-8809

Awards and Certifications

What our clients say Client Testimonials

I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Rodrigo L. San Fernando, CA (Sherman Oaks Yelp Review)

I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Ricardo Esteves Los Angeles, CA (Los Angeles Google Places Review)

My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Erica Geller Ontario, CA (Ontario Facebook review)

I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Elizabeth F. San Diego, CA (San Diego Google Places Review)

I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Leon Hanley Los Angeles, CA (Los Angeles Avvo review)

I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Britanny Givens Newport Beach, CA (Newport Beach Google Places)

David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.
Andrew A. North Hollywood, CA (Better Business Bureau review)

Read Nicole C.‘s review of Law Offices of David Chesley on Yelp
Louis N.

Read Dawn R.‘s review of Law Offices of David Chesley on Yelp
Dawn R.

Read Eduardo P.‘s review of Law Offices of David Chesley on Yelp
Eduardo P.

Read Hector C.‘s review of Law Offices of David Chesley on Yelp
Hector C.

Read Jackie L.‘s review of Law Offices of David Chesley on Yelp
Jackie L.

Read Dawn R.‘s review of Law Offices of David Chesley on Yelp
Dawn R.

Read Lois W.‘s review of Law Offices of David Chesley on Yelp
Lois W.

Read Jochim M.‘s review of Law Offices of David Chesley on Yelp
Jochim M.

very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin
Rita K.

I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide.

Thank you Negin.
Gabriel V.

Judith Berrian

Read Nicholas K.‘s review of Law Offices of David Chesley on Yelp
Nicholas K.

An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense.
Jason Corona

Read Yener A.‘s review of Law Offices of David Chesley on Yelp
Yener A.

Read Peggy D.‘s review of Law Offices of David Chesley on Yelp
Peggy D.

They really helped me out in a timely manner. I had a drug charge from 16 years ago and they dealt with it quickly. I can’t recommend them enough. If you have a criminal charges check them out they are awesome.
Santiago L.