DUI Refusal, Defense Attorney
A mission statement
or quote about the
LAMONT LAW FIRM
California law imposes a penalty when a DUI defendant refuses to
submit to or complete a chemical test to detect the presence of
alcohol or controlled substances. In Kern County, the penalty takes
two forms (1) a suspension or revocation of the person's driving
privilege, and (2) the use at trial of the fact that the individual refused
to submit to a breath or blood test upon his or her arrest for DUI. The
predominant use of the refusal in the criminal Court proceedings is to
prove a "consciousness of guilt". A Kern County DUI Lawyer can help.
The prosecution will claim that if the defendant had nothing ti hide he
or she would have submitted to the requested tests. In many refusal
cases, however, the accused does not get a fair shake by the cop
that arrested him or her. For a variety of reasons, the police or CHP
officer may confuse the DUI suspect, misinform them of the state
requirements, treated them disrespectfully prior to the request and in
some cases even lie to the detained individual.
The DMV consequences of a finding of refusal are indeed severe, as
a result, it is imperative to request a DMV hearing as soon as
possible following the defendant's release from jail. A formal hearing
will allow for a full challenge of the arresting officer's conclusions
regarding the alleged "refusal" to take a breath or blood test.
A DUI Attorney that fights refusals can, in many cases present a
recognized defense or explanation of the reasons behind the fact that
no chemical test was taken or completed. Many defenses involve
possible physical or medical reasons or can simple be a case of
unlawful conduct on the part of law enforcement such as an illegal
stop or arrest. Each DUI Refusal case has issues that can form the
basis of a defense, a Kern County DUI Lawyer can explain the legal
requirements the state must prove as well as any affirmative
defenses that are present.
A refusal can lead to a revocation of a drivers license for up to 3
years. For those who depend on their ability to drive the decision to
fight a petition of a refusal should be obvious. Incidentally, the DMV
does not consider a person's "need" for a license at the DMV
hearing. Only well established defenses will lead to a set aside of the
suspension, a skilled DUI refusal attorney is therefore essential to
avoid the consequences of driving on a suspended license down the
Contact a Kern County DUI DMV Refusal Lawyer today for a
complimentary case review, toll free 1-877-202-3834.
Our law firm is located in Kern County and offers full service criminal
defense and DMV representation in all Courts.
Bruce M. Blythe, Attorney at Law, Toll Free 1-877-202-3834