Refusal

Refusalsimprisonment of 18 days in the county jail.
When a person has been lawfully arrested for a DUI,In a criminal trial, the refusal will be perceived as
they are mandated to take a chemical test. If a person"consciousness of guilt" and the jury will be instructed
refuses, his or her license will immediately beof this in a special jury instruction. CALJIC states:
confiscated by the law enforcement officer pursuant"If you find that the defendant was offered and
to their authority to do so in order to send the licenserefused a choice of a blood, urine, or breath sobriety
to the Department of Motor Vehicles (DMV) for antest after [he] [she] had been made aware of the
Administrative Per Se (APS) hearing. The refusal willnature of the tests and their purpose, that refusal is not
be utilized in a criminal case, as a "consciousness ofsufficient, standing alone and by itself, to establish the
guilt." Additionally, evidence of the refusal can be usedguit of the defendant but it is a fact which, if proved,
as a sentencing enhancement, thereby increasing themay be considered by you in the light of all other
punishment if convicted for DUI.proved facts in deciding whether defendant is guilty or
The DMV receives notice of the refusal from thenot guilty. The weight to which this circumstance is
peace officer, along with the physical license. Theentitled and whether or not that conduct shows a
DMV punishes refusals based on the number of timesconsciousness of guilt are matters for your
in 10 years the individual has refused to submit to adetermination."
chemical test:During sentencing, evidence of the refusal to take a
First-time offenders: Where a chemical test is refused,chemical test will be utilized as a special factor
the DMV will suspend driving privileges for one year.justifying whether probation will be granted or not, and
Second-time offenders: Where chemical test isin determining additional or enhanced terms and
refused, the DMV will institute a two-year revocation.conditions of probation. It may be necessary to spend
Third-time offenders: Where a chemical test isadditional time in jail if probation is not granted. Perhaps
refused, the DMV will institute a three-year revocation.participation in a work furlough or work release
Four + offenders: Where a chemical test is refused,program will be ordered. Enhanced terms of probation
the DMV will institute a four-year revocation.may include numerous hours of community service or
The California Vehicle Code defines a refusal inCALTRANS work.
Section 23577. This section states that if a person isWhere a person has refused to take a chemical test,
lawfully arrested for a DUI and refuses a peaceand police have taken a blood test by means of a
officer's request to submit to, or willfully fails to"forced blood draw," then this counts as a refusal,
complete, a chemical test(s), the court will imposeeven though the person's blood alcohol content was
penalties:measured. The U.S. Supreme Court decided that
First-time offenders: DUI punishment will be enhancedforced blood draws were constitutional if certain
by an additional term of imprisonment of 48 hours insafeguards were followed in the seminal case,
the county jailSchmerber v. California. Unfortunately, this gives law
Second-time offenders: DUI punishment will beenforcement and the courts two bites at the same
enhanced by an imprisonment of 96 hours in theapple, whereby the person not only undergoes the
county jailindignity of threats and manhandling at the hands of
Third-time offenders: DUI punishment will be enhancedpolice, but also gets enhanced penalties as stated
by imprisonment of 10 days in the county jailabove during sentencing.
Four + Offenders: DUI punishment will be punished by