Atherton Failure to Provide DUI Defense
How to Defend against a Failure to Provide a Specimen Charge in Atherton
Atherton charges DUI offenders so severely, and because the punishments associated with this crime are so significant, it’s important that you do everything you can to avoid a DUI conviction in Atherton.
That’s only possible when you work with the best DUI lawyers in Atherton.
Have you been arrested for failing to provide a specimen in Atherton?
While being charged with a DUI in Atherton is serious in and of itself, a charge of “failing to provide a sample” is only going to expand the potential trouble you could be in should you be convicted. A lot of people throughout Atherton are pretty surprised when they learn that failure to provide a sample to an investigating officer is considered a criminal offense (according to the laws of California), and any refusal to do so can be punished almost as severely as the DUI itself.
If police are operating under the impression that you have been driving while intoxicated and have demanded of you a breath, your rent, or blood sample that you have refused, you’ll be slapped with a “failure to provide a sample” charge that makes your situation even stickier.
All on its own, failing to provide a sample has attached a number of significant penalties you’ll want your top-tier DUI lawyer in Atherton to protect you from. You’ll inevitably end up with a black mark on your criminal record should you be convicted of discharge, will have to pay a significant fine, and may even spend some time behind bars. With the help of our DUI attorneys, you won’t have to worry about the fallout from the consequences of a failure to provide charge.
Failing to provide a specimen is its own criminal offense in Atherton
According to the local laws and legislation in Atherton, failure to provide a breath sample (or on the other sample requested by investigating officers) is considered a criminal offense. This is part of the “implied consent” legislation throughout California, essentially stating that you have no right to refuse a test after you have been lawfully arrested for DUI offenses.
Thankfully, with the help of a professional DUI lawyer (one with years of experience navigating these kinds of situations) you’ll be able to provide yourself with an effective defense against these charges even if you have refused to provide a sample upon your arrest or at any other point thereafter.
It is important that you do everything you can not to weaken your defense, however, so make sure that you disclose this information to your attorney ASAP.
Field sobriety tests and how they relate to failing to provide a specimen
In the overwhelming majority of situations where a police officer has pulled someone over on the suspicion of DUI, the investigating officer will inevitably request that a driver moved through a variety of different field sobriety tests. These tests are designed to assess your coordination, and even the mere refusal of going through the field sobriety tests after being requested to do them by a law enforcement officer is enough to be charged with failing to provide a specimen.
Yes, refusing to do the “heel to toe” walking routine, standing on one leg, or any of the other field sobriety tests you may be asked to comply with is enough to be charged with failure to provide a sample.
Interestingly enough, law enforcement officers are not required to read you your rights (including your right to contact a lawyer) before they ask you to move through these field sobriety situations. They also do not need to wait until you have spoken with your lawyer before asking you to move through the test, potentially tying you up with a failure to provide a sample situation without legal representation.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Atherton
Types Of DUI Charges:
Consequences Of A DUI:
The consequences of failing to provide a specimen in Atherton
As we have highlighted above, the penalties for failing to provide a specimen are separate from standard DUI penalties – but they are just as significant and can make a bad situation even worse.
Some of these penalties include (but are not limited to):
- Losing your driving privileges throughout the United States
- Having to pay significant financial penalties
- Having a permanent mark on your criminal record
- Limits your ability to build a defense around low levels of BAC because these numbers weren’t recorded
- Accelerates the amount of penalties you’ll be assessed with should you be convicted of a DUI in California
- Triggers a mandatory revocation of your driver’s license
- Increases the amount of jail time you might have to serve
… And that’s just the tip of the iceberg.
On top of all that, you’ll make the job of the prosecution a lot easier should you refuse to comply with field sobriety instructions or refused to provide a sample. Because no Blood Alcohol Concentration (BAC) details will be recorded, and because the exact and specific legal process for effectively taking these figures will not have to be followed, potential defense strategies are eliminated entirely. The prosecution finds their job becomes a lot easier when these kinds of situations arise.
Low-level BAC numbers give DUI defense attorneys like our own a fantastic opportunity to build a solid defense. They also provide a lot of “wiggle room” during negotiations between defense and the prosecution, offering a lot of leverage to the defense to help you have your DUI charges thrown out the window entirely or at the very least giving a lot of leverage to lower penalties along the way.
Failing to provide a specimen charges make these defense strategies very challenging.
Don’t lose hope if you refused to provide a specimen in Atherton
While failure to provide a sample charges are going to make defending your DUI a bit more challenging, failure to provide a specimen isn’t a “death sentence” and will not derail the efforts of competent, qualified, and experienced DUI attorneys like our own.
Simply being charged with this offense isn’t enough to throw off your entire DUI defense, and it doesn’t necessarily mean that the charges are going to be sustained in a courtroom setting at the same time. A number of rules and regulations as established by the California Criminal Code actually provide you with some protection against these kinds of charges, especially if investigating or arresting officers didn’t follow protocol to the letter.
Obviously, it’s a good idea to work only with the best DUI attorneys around to protect you from these kinds of situations. If you fail to provide specimen in Atherton or are charged with failure to provide or comply with the instructions given by an investigating or arresting officer, contact our experienced DUI attorneys ASAP to receive a 100% free and no obligation consultation with some top quality legal advice.
Points To Consider When You Fail to Provide Specimen in Atherton, California
If you fail to provide a specimen in Atherton, 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.
Atherton DUI Defense Attorney
