Los Angeles County Criminal Lawyer Blog

This is the final part of a three-part blog series covering the laws surrounding chemical test refusal in Southern California. Please read the previous entries for more information regarding this topic.

Being convicted of driving under the influence of alcohol (DUI) in California can result in serious penalties such as fines, prison time, and loss of driving privileges. However, refusing to take a DUI chemical test can result in harsh punishments as well. In order to be found in violation of a refusal allegation in court you must first be convicted of DUI. However, even if you are not found in violation of a refusal violation in court, you will still suffer the consequences of at least a one year license suspension if you are found in violation of a refusal allegation at a DMV hearing.

California Vehicle Code Section 13353 outlines the punishments for anyone convicted of DUI and found in violation of refusing a chemical test. California chemical test refusal penalties will be imposed if one is found to have refused a chemical test and is convicted of DUI. Below is a breakdown of court penalties for DUI refusals for first time offender and offenders with prior convictions.

• First DUI With a Refusal - DMV license suspension for one year and a nine month alcohol program.


• Second DUI Within 10 Years With a Refusal - Two-year license suspension and 96 hours of imprisonment in county jail.


• Third DUI Within 10 Years With a Refusal - Two-year license suspension and 10 days in county jail.


• Fourth or Subsequent DUI Within 10 Years With a Refusal - 18 days in county jail
  It is important to note that the above penalties that stem from refusal allegations will be imposed in addition to any other penalties associated with DUI convictions.

Finally, if a person is convicted of a first time DUI or found to have willfully refused to take a chemical test, they will be prohibited from operating a commercial vehicle for one year. If a person suffers a second DUI conviction even without having refused to submit to a chemical test they will be prohibited from operating a commercial vehicle for the rest of their life.

Being found guilty of refusing a DUI chemical test can lead to many severe penalties that interfere with a person's life and goals; as such, it is important to quickly find experienced legal representation. The Southern California DUI Chemical test refusal lawyer, Daniel Kann, is dedicated to protecting his clients from severe punishments that result from such convictions. Call the Law Offices of Daniel E. Kann today for a free consultation on your case at (888) 744-7730.

This is part two of a three-part series on DUI chemical test refusal in Southern California.

Being asked to submit to a chemical test for driving under the influence of alcohol (DUI) can be an intimidating and unnerving process for many.

As such, it is important for all Southern California drivers to understand their legal rights and choices when it comes to chemical tests.

While it is against the law for a driver to refuse to take a chemical test after they have been arrested, there are choices concerning what test will be done.

It is important to distinguish a Preliminary Alcohol Screening (PAS) device test from a chemical test.

PAS tests are done prior to an arrest so that an officer can obtain probable cause for an arrest.

These can be refused prior to being arrested as long as a driver is not under 21 years old or on probation for a previous DUI conviction.

When arrested for a DUI, a person is legally obligated to take a chemical test under California Vehicle Code 13353, but is allowed to choose which test he or she will take in order to have their blood alcohol content (BAC) determined. The DUI chemical test choice is limited to what is available, as some may be unavailable at various police departments. The three types of chemical tests are:

• Breath Tests: The most common tests, these analyze a subject's alcohol vapor found in their breath in order to measure their BAC.


• Blood Tests: Seen as the most accurate of the chemical tests, a blood sample is taken by personnel at a hospital or medical clinic and analyzed by the police crime lab. This tests for alcohol content and any form of drugs.


• Urine Tests: Usually only used for drugged driving cases, but may be used when other tests are unavailable. Similar to blood tests, this measures a urine sample for a subject's BAC and any drug presence.

If you have been charged with refusing to take a chemical test in Southern California, it is important you find experienced legal defense immediately. The Santa Clarita chemical test refusal defense attorneys at The Law Offices of Daniel Kann are determined to help all who face such charges. Call (888) 744-7730 for a complimentary consultation by our legal team on your case today.

Understanding your rights under California DUI law is invaluable for every citizen of the state, no matter if they have ever been charged with driving under the influence of alcohol or not. When a driver is pulled over for suspicion of drunk driving, police will often perform a series of coordination tests to determine if the suspect is legally drunk. However, the most important step of this process is the alcohol chemical test, used to officially determine the blood alcohol content (BAC) of a suspect.

When a suspect is officially arrested by police, they are legally obligated to submit to a DUI chemical test in California.

Under California Vehicle Code Section 23612 (a) (1) (A), "A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense." This is known as the California Implied Consent Law and applies to all drivers in the state and is punishable by the law.

There are many reactions by a suspect that can be deemed as refusal, including:

• Clear and concise refusal, i.e. "No, I will not take a chemical test."


• An ambiguous response, such as "Only if I can call my lawyer first" or "I don't know."


• Silence as a response to repeated chemical test requests.

Any of these responses can be held in court as a chemical test refusal as long as they occurred after the suspect was arrested. Drivers are not required to take a chemical test in California prior to their arrest.

If you are facing charges for refusing such a test, the Santa Clarita chemical test refusal attorney, Daniel Kann, is here to defend you against your charges and the harsh penalties that come with them. For more information, call the Law Offices of Daniel Kann today at (661) 450-9678.

Please check back again soon for part two of this three-part series on DUI chemical test refusal in Southern California.

As previously discussed on our Los Angeles County Criminal Lawyer Blog, faulty breathalyzers frequently lead to reduced or dismissed DUI charges in Ventura and elsewhere in Southern California.

The San Jose Mercury News reports that after a review of more than 800 DUI cases, Santa Clara County prosecutors have already begun dropping charges against suspects. According to the story, it's possible that 42 cases will be dropped.

While that's only about five percent of the cases, it proves Ventura County DUI Lawyers can successfully move to dismiss DUI cases with problem evidence.

The review of cases started earlier in May when prosecutors realized that the Alco-Sensor V breathalyzer device used by San Jose and Palo Alto police may have been giving incorrect readings because of a manufacturer's defect. The defect allowed condensation to build up in the tube that suspected drunk drivers blow into. Ventura County authorities were the first to spot the problem, in April.

The newspaper reports that about 7,000 people are arrested for DUI every year in Santa Clara County and many may have already entered guilty or no contest pleas, paid fines, served jail time and had to adhere to other conditions even though they weren't guilty. Under California Law, first-time DUI offenders can spend up to six months in jail, have to pay up to $1,000 in fines, have their driver's license suspended for six months, attend DUI school and possibly have an ignition interlock device installed on their vehicle.

According to the newspaper, in most DUI arrests, suspects provide blood or urine samples at the police station, which are used most often at trial. But in some cases, police didn't ask for a second test or drivers refused, leaving less evidence for prosecutors to use against them.

Refusing a breath test will result in losing a driver's license, but you can challenge that and within 10 days of your arrest have an Administrative Per Se Hearing. If you refuse a breath test, blood test or other chemical test, the hearing officer must determine whether you were properly informed of the consequences of refusing to give a test to police.

According to research by a State University of New York at Potsdamn professor, breathalyzers don't "measure" blood-alcohol content, but they only "estimate" it. He said breathalyzer results can easily be manipulated and incorrectly read.

These are all complex matters and shouldn't be taken lightly. If you or a loved one is arrested and charged with DUI, don't go about it alone. Trust an experienced DUI attorney who will fight to protect your rights and work for the best possible resolution in your case.

Continue reading "DUI Dismissals Expected Because of Faulty Breathalyzers in Ventura County and Elsewhere" »

Faulty breathalyzers used in hundreds of San Jose police DUI arrests may lead to drivers walking free even if they were drunk behind the wheel, the Mercury News reports.

Los Angeles DUI Defense Lawyers understands that law enforcement throughout Southern California continues to use breathalyzers in an effort to cut down on drunken drivers. But these devices have proven to be faulty and can be challenged in court.

Under California Law, a drunken driving conviction can impact your ability to drive, result in serious fines and jail time, often carries with it probation and other stipulations that can lead to additional consequences if violated, and can even impact your ability to remain employed or hold certain types of jobs in the future.

Breathalyzers are one of the methods used by police to determine whether to arrest a driver accused of driving while intoxicated. In the San Jose breathalyzer problem, the Alco-Sensor V breathalyzer sometimes showed incorrect readings because of a manufacturer's error that can cause condensation to build up in the tube.

But the review in San Jose originated after crime lab officials, prosecutors and police in Ventura County began reviewing hundreds of similar cases in recent weeks.

The Santa Clara County District Attorney's Office announced it would review the 865 DUI cases where the breathalyzers were used to determine how many it would drop because of problems with the devices. The devices are also used by Palo Alto police, though it's unclear how many DUI defendants may be affected there.

It's possible that cases in which a DUI defendant blows into the device but later refuses to give a blood test are now up in the air because authorities would lose their key piece of evidence. And there are likely cases where already-convicted defendants have served their punishment.

The penalty for a first misdemeanor DUI conviction is typically a $2,000 fine, 48 hours of jail or community service and DMV classes. Repeat offenders can serve years in prison, depending on the person's criminal history and severity of the charges.

When police pull over a suspected drunken driver, they put the motorist through a list of tests, such as walking a straight line or standing on one foot and they look to see whether a driver's head is bobbing or eyes are bloodshot and whether they smell like alcohol. At the end, drivers usually blow into a handheld breathalyzer. Police believe the bevy of tests may still save many of the DUI cases. As a motorist, it is up to you whether or not you participate in such testing. Failure to submit to testing will result in the automatic suspension of your driver's license but you will also be denying the state one of the key pieces of evidence it will use against you in court.

Continue reading "Faulty Breathalyzers Can Be Challenged in Los Angeles DUI Cases" »