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Duarte DUI Refusal Defense

Defense For Refusing A Breathalyzer in Duarte, California

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Because of the severe punishments meted out to DUI offenders in Duarte, it is essnetial iin such cases to contact an experienced and reliable DUI Lawyer.

The Implications of Duarte Laws For Those Who Refuse To Blow

When a police officer has reasonable grounds to suspect that the accused is driving under the influence, it is a criminal offense in Duarte for that person to refuse to give a breath sample. The sample is required to assess the Blood Alcohol Concentration (BAC) in the driver’s body. In such cases, the person will be charged with refusing to provide a sample. Additionally, the accused will also be charged with impaired driving as well.

The first thing you should do when you are charged with refusing to take a breathalyzer in Duarte, California is to get in touch with an experienced and reliable Duarte DUI lawyer who will prepare your DUI refusal defense. There are several angles that can be taken into account when dealing with this law. Our team of DUI lawyers has consistently been successful in getting a DUI refusal dismissed in the courts of Duarte.

The Consequences and Penalties You Should Expect If You Refuse To Blow in Duarte

If you refuse to blow by failing to give a sample of your breath, after a reasonable and lawful demand has been made by a police officer, you will be attracting stiff penalties and harsh punishments in Duarte courts. There are several consequences to a refusal.

The major consequences of a breathalyzer test refusal in California are:

  • Increased penalties in addition to the standard California DUI penalties
  • A mandatory driver’s license suspension that will occur regardless of the outcome in your DUI case.
  • This is because of the “implied consent” law in California. As per this law, you have no right to refuse a DUI breath test once you are lawfully arrested for DUI.

The “implied consent law” in California applied to DUI blood tests as well as to breath tests. But the Supreme Court of the United States has recently suggested that penal action may not be taken against defendants for refusing to take blood tests in cases where the police have not obtained a warrant.

If proved guilty of the offense, first-time offenders will automatically face additional jail time of 96 hours and a 2 year license revocation. For second time offenders, additional jail time of 10 extra days and 3 year license revocation. For third time offenders, 18 extra days in jail and a 3 year license revocation.

Those who do not have a criminal record have to know for sure that the decision to refuse to blow may cost them their good reputation by giving them a record.

Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Duarte

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Types Of DUI Charges:

Impaired Driving

Driving Under The Influence

Over 80 m.g. DUI

Failure to Provide a Breathe Sample

Care and Control

Multiple DUI Offenses

Consequences Of A DUI:

Criminal Record

Serving a Jail Sentence

Drivers License Suspension

Payment of Fines

Travel Restrictions

Loss of Income


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How to Effectively Build a DUI Refusal Defense in Duarte, CA

Usually, a lot of people have a common misconception that fighting a California DUI Refusal charge is impossible. However, there are a lot of effective ways that can be resorted to in order to fight a DUI Refusal charge. When a person is accused of refusing to submit to a blood or breath alcohol test, they are charged with driving under the influence of alcohol in violation of California Vehicle Code Section 23152(a) with the further allegation that they refused a chemical test as required by Section 23612 of the California Vehicle Code, deliberately.

When you contact our Duarte DUI Lawyers to try and beat a DUI refusal, we zealously advocate on your behalf by focusing on a number of issues that might have been a legitimate basis for refusing a breathalyzer. These may include:

  • Mental grounds where the accused was so drunk or inebriated with drugs that he/she was unable to understand the demand being made or the effects of the refusal.
  • Incapacitation due to medical reasons.
  • Not given the right to meet or consult with counsel before providing the breath sample.
  • The breathalyzer equipment not giving accurate results.
  • The police officer had no reasonable and probable grounds to suspect that an offense under DUI laws has been committed and hence there was no sufficient reason for the person to take the test.
  • Not driving under the influence.
  • Failure to provide appropriate warning.

Contact a Defense Lawyer Immediately If You Refuse To Blow in Duarte

You will be assured that your refusal to take a breathalyzer test and your impaired driving charges are fought on highly technical grounds when we receive details of an arrest if you refuse to blow. This includes whether the police officer followed the rules that he must obey in administering the tests, and whether the driver had a valid reason for refusing the test.

Moreover, it has to be proven beyond a reasonable doubt by the prosecution that the police officer fulfilled all of his legal obligations. This includes confirming that the person who had been asked to take the breath test understands what he or she was required to do, and the consequences of refusing to do so. Therefore, if you have been arrested, our DUI refusal defense will depend on these kinds of factors, which depend on technical, constitutional grounds.

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The Chances of Getting a DUI Refusal Dismissed in the Courts of Duarte

Although a common misconception is that, under the laws in Duarte, California, it is very difficult to get a DUI refusal dismissed because the laws are very strict regarding refuse to blow cases. However, a reliable Duarte DUI Lawyer can prepare an outstanding DUI refusal defense for you. It will primarily be based on whether all of the necessary regulations and conditions have been fulfilled before the officer asks you to perform the test. In most cases, we are able to point out flaws in the prosecution’s argument, especially when it comes to officer’s compliance with these rules, in building the best defense possible.

We Are Your Best Option When Trying To Beat A DUI Refusal in Duarte

If you are charged with refusing a breathalyzer and impaired driving, contact our Duarte DUI lawyer immediately. Time is of the essence in such situations because our DUI refusal defense is largely based on technical and constitutional grounds that pertain to the collection of evidence collected from the site as well as cross-examining prosecution witnesses. We also offer a DUI expungement service for those who have already been convicted and want their DUI records gotten rid of. Give us a call today to experience our great services.


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    How We Help our experience is your advantage
    Our initial in-person consultations are absolutely FREE and allow us to discuss your legal matter in a professional manner. The consultation will be a personal meeting with a veteran DUI lawyer, and not an accomplice. This is an extremely stressful time in accused’s life and therefore we do not place any time restrictions on the meeting. Our expertise ranges from a range of different criminal litigation with an extreme focus on impaired driving offenses. When visiting our offices we will take some time to read through your disclosure and evaluate your case. This can take some time but it is very important for us to thoroughly review your criminal matter in an appropriate setting.

    Areas Of Expertise what we are best at
    • Impaired Driving
    • Driving Under The Influence
    • Over 80 DUI
    • Failure To Provide
    • Multiple DUI Offenses
    • Care And Control

    Duarte DUI Defense Attorney

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    Duarte DUI Defense Attorney With Consistent Results

    We fight DUI charges to the ground and our success rates speak for themselves.

    Invaluable Experience

    Drunk Driving Charges

    As competent drunk driving attorneys, we are effective at collecting valuable evidence which will protect you against drunk driving charges.

    Over 80mg DUI Charges

    Utilizing detailed investigation strategies, we have reliably demonstrated ideal outcomes while guarding our clients against over 80 m.g DUI charges.

    Failure To provide Charges

    As DUI lawyers, we believe in upholding and protecting your human rights to keep you clear from any consequences arising from a failure to provide DUI charge.

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    Impaired By Drugs DUI Charges

    Our impaired driving lawyers are experienced at collecting evidence which allows us to provide our clients with a secure defense at trial.

    Multiple DUI Charges and Offenses

    We investigate all outcomes while safeguarding our clients from multiple DUI offenses and we will fight your case in the most ideal way possible.

    Extreme DUI Charges

    Our trustworthy DUI attorneys ensure that you receive the best possible legal protection against extreme DUI charges in Los Angeles, CA.


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