San Fernando Failure to Provide DUI Defense
A Failure to Provide a Specimen Charge in San Fernando and How to Defend It
There are a number of severe punishments that are handed out to San Fernando DUI offenders charged with impaired driving. In such cases, it is always advisable to contact an experienced and reliable DUI Lawyer.
What to Do in case You Have Been Arrested for Failing to Provide a Specimen in San Fernando
Getting charged with a DUI offense is in itself a serious offense and failing to provide a sample makes things even worse. A lot of people get surprised when they come to know that the failure to provide a sample to a police officer is a criminal offense under the Criminal Code. Refusal is considered a serious criminal offense and is punishable with severe consequences and if you refuse to submit to a test after being lawfully arrested, you will face penalties for chemical test refusal. If the police suspect that you are intoxicated while driving they will demand a breath, urine or blood sample and if you refuse this demand you will be given a failure to provide a breath sample charge.
Failing to provide a specimen carries some major penalties apart from those in a standard DUI, which include a driving prohibition throughout the country, a fine, and a criminal record. Our firm employs some of the most recognized DUI lawyers in San Fernando, California and we believe in building a case to protect you from the consequences arising out of a failure to provide charge.
Failing To Provide A Specimen is a Criminal Offense in San Fernando, CA
A failure to provide a breath sample in a DUI offense is considered a serious crime in San Fernando, California and is dealt with in the strictest manner. As per the Californias implied consent law, you have no right to refuse a test once you have been lawfully arrested for a DUI offense. It becomes crucial that your San Fernando DUI lawyer prepares your case in such a way that the charges may be dropped by the prosecutors. The lawyer may prepare a case based on the breath or blood samples and may try to challenge them in court. However, if you fail to provide a specimen, this will not only get you charged with refusal but it will also weaken your defense.
Police Physical Sobriety Tests and Failing to Provide a Specimen in San Fernando
If a San Fernando police officer reasonably suspects that you have impaired ability due to alcohol and have driven a vehicle in the past three hours, he/she may ask you to do some physical sobriety tests so that your coordination can be assessed. Failing to provide a specimen or refusing to do the physical sobriety test when demanded by the police will create grounds for you to be charged with failure to provide a breath sample or specimen. The physical sobriety tests may include walking heel to toe or standing on one leg, among others.
For a physical sobriety test, the police do not have to read you your rights, such as your right to contact a lawyer, and they also do not need to wait until you speak with your lawyer before requiring you to take the test.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in San Fernando
Types Of DUI Charges:
Consequences Of A DUI:
Failing to Provide a Specimen in San Fernando, California and the Consequences
Failing to provide a specimen or refusal has some serious penalties, like those of a DUI offense. Such penalties include: Not being able to drive throughout the entire country, a fine, and a criminal record. However, the worst consequences of a refusal charge are:
- Unlike a regular DUI case a refusal case has no breath, urine or blood sample and so your lawyer wont be able to challenge the accuracy of the readings. This would ultimately limit the lawyer’s arguments in your defense.
- Increased penalties in addition to the standard DUI penalties in California.
- A mandatory driver’s license suspension, regardless of the outcome of your DUI case.
- Additional Jail Time for Refusing a Breath Test 48 extra hours till 18 extra days in a first DUI offense and a third or subsequent DUI offense respectively.
- License Suspension/Revocation for Chemical Test Refusal from 1 year in case of first time DUI to 3 years in case of a third or subsequent DUI offense.
Apart from these issues, another major consequence is that, with no Blood Alcohol Concentration (BAC) readings, there is very little room for prosecutorial discretion. In most cases, when the reading is close to the legal limit the lawyers can try to convince the prosecutors to agree to a lesser careless driving charge instead of a DUI. This will benefit the accused since there will be no criminal record. However, in refusal cases, there is no BAC level and the accused is not charged with impaired driving. The charges, in this case, will be failing to provide a specimen. The prosecutors will be reluctant to settle for any lesser offense because the alcohol concentration level is unknown.
Remedies if You Fail to Provide a Specimen in San Fernando
Failure to provide a breath sample or failure to provide a specimen even without a reasonable excuse does not mean you are guilty. Simply getting charged with a test refusal does not necessarily mean that it will be sustained in court. The Criminal Code has a set of rules and regulations that must be followed when taking a blood test or a breath sample blood test or a breath sample and if a police officer does not abide by these rules, then the demand is not lawful and the refusal case against you may be dismissed. You may be able to use several common DUI defenses in order to fight the penalties for refusing to take a DUI breath or blood test such as, your arrest being unlawful, the officer didn’t advise you clearly of the consequences of a test refusal and that your refusal resulted from an injury that was not caused or contributed to by alcohol or drugs.
Retaining a good DUI lawyer who deals with cases relating to impaired driving and failure to provide offenses becomes very necessary if you are charged. Our firm offers the most reliable DUI lawyers in San Fernando, California who strive to fight for your protection against all legal implications resulting from a DUI Refusal charge as well as cases involving teen drinking and driving offenses.
Points To Consider When You Fail to Provide Specimen in San Fernando, California
If you fail to provide a specimen in San Fernando, California you will be given a Failure to provide charge. A conviction in a refusal charge can be life altering and will make your future bumpy. However, our DUI lawyers have extensive experience defending all types of cases related to DUI offenses. Call us now to get more information and receive a free consultation.