Los Angeles, California based Los Angeles DUI Lawyer is reaching out to the community to shed light on the consequences of refusing a breathalyzer test. They also explore whether or not it is possible to dismiss a DUI refusal charge.
Refusing to give a breath sample after a reasonable and lawful demand has been made by a police officer is an offense that attracts stiff penalties and harsh punishments in Los Angeles courts. In most situations, a DUI refusal offense is added to the charges that are already present, worsening the accused's prospects and potentially extending the severity of the punishment that they will have to undergo. These consequences can be enough to negatively affect the accused’s ability to live a normal life as they include increased penalties in addition to the standard California DUI penalties—as well as a mandatory driver’s license suspension that will occur regardless of the outcome of the DUI case.
While it may seem as if the odds were stacked against the accused in this situation, and fighting the charges a lost cause, Los Angeles DUI Lawyer states that it is possible to fight these charges under the right circumstances and with the appropriate legal representation. They note that it may even be possible to get a DUI refusal dismissed.. A representative of the firm says, "While this is difficult, and not possible in all cases, you should fiercely fight your charges and at least attempt to have the penalty reduced as much as possible. It will ultimately come down to the experience of your attorney and how familiar they are with these cases. A capable attorney will see that several angles can be taken into account when dealing with this law, and they will be able to identify the most appropriate option and act on their client's benefit." Learn more here: DUI Refusal Dismissed Los Angeles.
To fight these charges, a strong defense must be built from the start, and the accused's attorney should be ready to zealously advocate on behalf of their clients by focusing on issues that might have been a legitimate basis for refusing a breathalyzer test. This strategy will serve as the basis for the defense, which will primarily investigate whether all of the necessary regulations and conditions had been fulfilled before the officer asked the accused to perform the test. The attorney will point to flaws in the prosecution's argument and highlight any failures in the arresting officer’s conduct.
"Some of the most common grounds to dismiss a DUI charge include cases where the accused was so drunk or inebriated that he/she was unable to understand the demand being made or the effects of the refusal," states the office. While this will leave the accused with a drug impaired driving charge, the consequences here are less than what they might otherwise expect.
The accused could also argue incapacitation due to medical reasons, or even state that they were not given the right to meet or consult with counsel before providing the breath sample. These are all techniques that have proven effective in the past. Depending on the severity of the situation at hand, however, riskier methods may be necessary to fight the charge.
"While difficult, you could also argue that 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," states the firm. This is possible even in spite of the implied consent law that applies across the state, as there have been some cases in the past where the Supreme Court of the United States has not taken action against defendants for refusing to take blood tests in cases where the police had not obtained a warrant.
Regardless of the intricacies of the situation, the most important part of fighting a DUI Refusal charge is to seek counsel and legal representation from a qualified attorney. Those in need of a reliable, successful and experienced drinking and driving lawyer may visit the Los Angeles DUI Lawyer website to get started. It hosts more information on the legal services provided by the firm. Learn more here: Drink Driving Lawyer Los Angeles.
We aim to provide leading DUI defense services in Los Angeles, CA. We battle vigorously for all of our clients who have been charged with impaired driving, over 80m.g care and control or multiple DUI offenses.
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Los Angeles, California
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