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WHAT IS A REFUSAL ENHANCEMENT?

 

• When you drive in California, you give the state what is known as "implied consent" to provide a chemical test after a DUI arrest per Vehicle Code §23612

 

• A Refusal Enhancement charge indicates that you have failed to comply with the implied consent rule by refusing to submit to a chemical test by way of breath or blood. If drugs were suspected you must consent to a urine test. This is different from a Preliminary Alcohol Screening (PAS) test which is often administered before a DUI arrest

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WHAT ARE THE INCREASED PENALTIES FOR REFUSAL OF A DUI TEST?

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• For a First DUI,  48 hours of JAIL time

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• For a Second DUI, 96 hours of JAIL time

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• For a Third DUI, mandatory 10 days JAIL time

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• The above penalties are separate from additional penalties you may receive from the DUI conviction​

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CAN YOU FIGHT A REFUSAL ENHANCEMENT CHARGE?

 

• Yes.  An experienced DUI attorney can assess your enhancement charge and defend the refusal case 

 

HOW WILL A REFUSAL ENHANCEMENT AFFECT MY LICENSE SUSPENSION?

 

• A First DUI will result in a 1 year license suspension without the possibility of a restricted license

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• For subsequent DUI convictions, an additional 1 year suspension time may imposed by the Court

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• See License Suspension

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10 REASONS WHY YOU SHOULD HIRE A LAWYER FOR A DUI

 

• The complexity and harshness of modern DUI laws and penalties

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• The complexity of modern California DMV laws including Ignition Interlock Devices or IID

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• Unfortunately, but true, prosecutors are more likely to listen to an experienced DUI defense attorney than you

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• An experienced DUI attorney can assess whether you have legal defenses to the Field Sobriety Tests or FSTs

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• An experienced DUI attorney can analyze your Blood Alcohol Content or BAC

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• An experienced DUI attorney can assess whether law enforcement had probable cause to arrest you

 

• An experienced DUI attorney can assess whether you have legal defenses to the Preliminary Alcohol Screening or PAS

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• An experienced DUI attorney can provide creative and alternative options to serving jail time

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• An experienced DUI attorney can assess whether your driver's license can be saved

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• If you hire an attorney, you may not have to appear at court. This allows you to not miss work, saving you money

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