DUI Refusals in California: Know Your Rights
If you have been arrested for driving under the influence (DUI) in California, law enforcement will require you to take a chemical test—either a breath or blood test—to determine your Blood Alcohol Concentration (BAC). Under California’s "implied consent" law, every driver has automatically agreed to this test upon receiving a driver’s license. Refusing to comply can result in severe legal consequences, making it crucial to seek aggressive legal representation to defend your rights.
At The Law Offices of Kirk Tarman & Associates, we specialize in defending clients against DUI refusal charges in San Bernardino, Riverside, Los Angeles, and Orange Counties. Our legal team has the knowledge and experience needed to challenge the prosecution’s case and work toward minimizing or dismissing the charges against you.
Consequences of Refusing a Chemical Test
When you refuse a chemical test after a lawful DUI arrest, the penalties can be severe. Law enforcement officers are required to inform you of the consequences of refusal, which can include:
Automatic License Suspension – Your driver’s license can be suspended for at least one year for a first offense and up to three years for repeat offenses.
$125 Fine – A financial penalty is imposed in addition to any other DUI-related fines.
Increased Jail Time – If convicted of DUI, refusal can lead to additional jail time.
No Eligibility for Restricted License – Unlike a standard DUI charge, refusing the chemical test means you are ineligible for a restricted license that allows you to drive to work or school.
Fighting a DUI Refusal Charge
Despite the automatic penalties, DUI refusal charges can be fought with the right legal strategy. Some of the defenses our attorneys may use include:
Unlawful Arrest – If the arresting officer did not have probable cause to stop you, your case may be dismissed.
Failure to Inform You of Consequences – Officers must clearly explain the penalties for refusal. If they fail to do so, we can challenge the charge.
Medical Incapacitation – If you were physically unable to provide a sample due to a medical condition, injury, or another legitimate reason, we can argue that the refusal was not intentional.
Improper Test Administration – Law enforcement must follow strict procedures for requesting a chemical test. Any deviation from these rules can serve as grounds to challenge the case.
Serving Clients Throughout Southern California
At The Law Offices of Kirk Tarman & Associates, we provide aggressive defense for clients facing DUI refusal charges in the following counties:
San Bernardino County – Rancho Cucamonga, Fontana, Ontario, Victorville, and surrounding areas.
Riverside County – Riverside, Corona, Temecula, Murrieta, Palm Springs, and more.
Los Angeles County – Los Angeles, Pasadena, Long Beach, West Covina, and surrounding cities.
Orange County – Santa Ana, Anaheim, Irvine, Huntington Beach, and neighboring areas.
Why Choose Us for Your DUI Refusal Defense?
Experienced DUI Defense Attorneys – Our team has years of experience handling DUI and refusal cases across Southern California.
Aggressive Legal Strategies – We challenge every aspect of the prosecution’s case to protect your rights.
Personalized Attention – We take the time to understand your situation and build a strong defense tailored to your case.
24/7 Availability – Arrests don’t happen on a schedule—our attorneys are available day or night to provide legal support.
Contact Us Today for a Free Consultation
A DUI refusal charge does not have to define your future. With the right defense, you may be able to reduce penalties or even get the charges dismissed. At The Law Offices of Kirk Tarman & Associates, we are ready to fight for you and protect your driving privileges.
Don’t wait—contact us today for a free consultation and take the first step toward securing your defense. Call us now or submit an online form to discuss your case with our experienced Rancho Cucamonga DUI attorneys.