Fremont DUI Refusal Defense
Defense For Refusing A Breathalyzer in Fremont, California
Anytime you are facing a DUI charge you have to know that the punishments and consequences should you be convicted are very significant. This is why it is so important that you reach out to professional and experienced DUI attorneys ASAP, like our legal experts.
The Challenges of Defending Your Self When You “Refuse to Blow”
Many drivers in Fremont are unaware of the fact that anytime a police officer feels that there is reasonable doubt as to whether or not you are driving around while impaired that they have the opportunity to both pull you over on this assumption and have you go through a field sobriety test or blow into a breathalyzer.
If, at any point in time, you refuse a field sobriety test or you refuse a breathalyzer – you choose to refuse to blow into the equipment – you run the risk of some pretty significant punishments and penalties.
You’ll want to contact a DUI refusal defense attorney immediately after refusing to blow, as you are going to be in pretty hot water legally. Only the best lawyers are going to be able to get a DUI refusal dismissed, and that’s going to take some pretty heavy lifting on their behalf to get the job done right.
Anticipate These Punishments and Consequences If You Refuse to Blow
If you voluntarily refuse to blow or give a blood sample, and even if you simply refuse a field sobriety test, you are going to have to deal with some pretty significant penalties right out of the gate.
We’re talking about penalties and punishments like:
- Dramatically increased punishments on top of the standard DUI penalties upon conviction
- Mandatory revocation of your driver’s license, not only in California but nationwide
… And that’s just the tip of the iceberg.
This is because there is an “implied consent” law in the state of California that dictates you have zero right to refuse a DUI breathalyzer test after you have been lawfully arrested for this charge.
Interestingly enough, the US Supreme Court may make a decision soon that overturns or overrules that this “implied consent” mandate in California. But as of right now, if you refused to blow or take a breathalyzer you are going to have some serious consequences to deal with.
Even if you haven’t been drinking after being pulled over on suspicion of DUI and you choose to refuse to blow may end up causing you a lot more hassle and a lot more headache going forward than you anticipated.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Fremont
Types Of DUI Charges:
Consequences Of A DUI:
Work With a Top-Tier DUI Refusal Defense Attorney to Protect Yourself Moving Forward
It is possible to defend yourself against a DUI situation in the state of California, and honestly it’s a lot easier to defend yourself than a lot of people expect or anticipate – particularly when you have the right DUI defense attorneys backing you up, providing you with legal advice, and representing you in court.
Things do get a little more challenging when you are trying to beat a DUI refusal situation, but experienced and expert professionals are going to be able to navigate these rough and rocky waters for you as well. Legal experts like our own are going to advocate on your behalf with a variety of different defense strategies, defense strategies that include but are not limited to:
- Being so drunk that an individual refused a breathalyzer test without even realizing it
- Being incapacitated by medications or for medical reasons
- Not being given the opportunity to consult with legal representation before providing a sample
- Discovering that the BAC recording equipment was faulty or incorrectly calibrated
- Discovering that the BAC recording process was not followed strictly and to the letter
- Simply proving that the driver wasn’t under the influence in the first place
… And that only barely begins to scratch the surface of how these professional attorneys are going to provide you with defense strategies that allow you to beat a conviction.
Reach Out to a Defense Attorney ASAP If You Refuse to Blow After Getting Pulled Over
Of course, as we’ve already highlighted, you MUST contact a professional DUI attorney ASAP immediately upon being charged with this crime or things only get more challenging for you and your defense against these charges.
These kinds of cases are always fought on highly technical grounds, and when you introduce the decision to refuse to blow into a breathalyzer you not only eliminate a lot of evidence the prosecution could have used against you but also eliminate a handful of defense strategies that could have been used to exonerate you as well.
Top-tier defense attorneys like our own are going to be able to provide you with an ironclad DUI refusal defense based upon a variety of different factors, ranging from technical issues to constitutional issues, and so much more – basically giving you every opportunity to beat the charges and walk away without being convicted.
The Chances of Getting a DUI Refusal Dismissed in the Courts of Fremont
Although a common misconception is that, under the laws in Fremont, California, it is very difficult to get a DUI refusal dismissed because the laws are very strict regarding refuse to blow cases. However, a reliable Fremont DUI Lawyer can prepare an outstanding DUI refusal defense for you. It will primarily be based on whether all of the necessary regulations and conditions have been fulfilled before the officer asks you to perform the test. In most cases, we are able to point out flaws in the prosecution’s argument, especially when it comes to officer’s compliance with these rules, in building the best defense possible.
Contact Us Today to Beat a DUI Refusal
At the end of the day we can hang our hats on the results and track record of successful DUI refusal defense strategies we have prepared for our clients in the past.
We’ve been able to help people in the Fremont protect their rights, protect their driving record, and avoid serious penalties, consequences, and jail time when they were facing serious DUI charges in the state of California.
We are more than happy to offer our services to anyone and everyone that has been charged with these kinds of crimes, and are more than happy to go over how we may be able to best serve you in your specific situation with a 100% free and no obligation consultation.
We also offer DUI expungement services for those that have a DUI conviction on their record already, and if that’s something you’d like to talk a little bit more about as well we would be more than happy to do so.
Fremont DUI Defense Attorney