FACING A FIRST, SECOND, THIRD OR FOURTH DUI CHARGE?

We are DUI Attorneys with top legal experience in handling DUI charges in Southern California.

We have a proven track record of getting DUI cases reduced or dismissed.

DUI CONSEQUENCES

DUIs are are very serious offenses that can result in serious consequences, including thousands of dollars in fines, license suspension or revocation, jail time, and multi-year probation. If this is your first time DUI offense, it is critical that you get the best DUI lawyers on your side. Below is a summary of DUI offenses and the associated charges and penalties.

WHAT TO DO. You must contact the DMV within 10 days of being arrested for a DUI in California.  If you do not contact the DMV, you will forfeit your right to a DMV Hearing, and your license will automatically be suspended after 30 days. 

LET US HELP

Contacting us will set you on your best path to reducing or eliminating DUI charges. Our team has in-depth knowledge and experience with the laws, the judges and the pathways to success in Southern California, including the impact of:

• Improper police procedures

• Improper testing, handling, and storage of blood or breath samples

• Rising blood alcohol

Click here to contact our offices to schedule a FREE DUI CONSULTATION for help with defending against California DUI charges, whether you were charged with DUI related to alcohol or drugs. The Law Offices of Natalio Pereira will help you successfully defend your DUI charges, and keep your driver’s license.

1st DUI Offense

TYPE: MISEMEANOR (WITH NO REFUSAL AND NO INJURY)

2nd DUI Offense

TYPE: MISEMEANOR (WITH NO REFUSAL AND NO INJURY)

3rd DUI Offense

TYPE: MISEMEANOR (WITH NO REFUSAL AND NO INJURY)

4th DUI Offense

TYPE: POSSIBLE FELONY IF WITHIN 10-YEAR PERIOD.

DUI STOP

THE DUI STOP

Police usually begin a DUI investigation before they have stopped your vehicle. Common reasons for being stopped by the police include the following:

1. Driving too slowly

2. Driving too fast

3. Weaving

4. Lane Straddling

5. Not driving with lights on at night

6. Any other infraction that permits a basis for a stop.

Once the police have you pulled over based on a legitimate reason, that is over half the battle. The police are now looking to see if the person is intoxicated, such that a sober person would not be driving in this manner, or that the blood alcohol concentration (BAC) is .08% by weight in volume of alcohol in the your blood.   They will look to see if you are fumbling around with paperwork, or appear to be nervous. Read more about DUI STOP.

SECOND AND THIRD DUI ARRESTS

2 DUI Arrests

In Orange County , a second time DUI can result in some serious consequences. DUI’s can result in the suspension of your driving privileges as well as conditions of probation including fines, classes and not the least of which actual jail time for possibly 90 day or more.  If you have been charged with a felony DUI, then you will have to go to court.  If you are charged with a misdemeanor DUI, then your attorney can go to court for you in most cases.  In addition, you may have the opportunity to fight the DMV administration hearing if you request a hearing within 10 days of the time you received your DUI.

Throughout the court process, the attorneys at Pereira & Moffatt will routinely request for discovery of the police reports and any calibration logs and records that are pertinent to your case so the attorney can explore all possible defenses for you. A DUI in Orange County will go to the either the Central, West,  North, or Harbor Justice centers.  We are very knowledgeable with regards to DUI’s and with these judges in those courts.  

Generally, a second time DUI in Orange County could result in a couple of months in county jail as a possible term of probation. In addition the fees and fines could be in an amount over two thousand dollars. Lastly, the classes for a multiple offender class could also be very expensive, not to mention the loss of reputation and the loss of your driving privileges for over a year.    

After looking at the case and evidence against you, we can try to either have the case dismissed through a possible motion or possibly have the charges dropped to a wet reckless.  If we can accomplish this, the savings to you could be huge.  

To be found guilty of a DUI, the People must prove that you:

1. Drove a motor vehicle; AND

2. When you drove, your blood alcohol level was 0.08 percent or more by weight.

The attorneys at the Law Offices of Natalio Pereira will go over the facts of the case and try to use everything they can to attain the best result. If you want the best representation you can get, call us today.

We have many years of experience successfully defending people charged with DUI’s . We will work to aggressively defend you by investigating all aspects of your case.  We will work to ensure that your rights are protected and that you clearly understand the legal process. 

3 DUI Arrests In 10 Years

In 2010, AB 1601 was signed into law.  Under the new DUI law, drunk drivers who have been convicted of driving under the influence three times in 10 years could lose their licenses for a decade.  California Assemblyman Jerry Hill believes that the new DUI law will take away up to 10,000 drivers’ licenses.   The National Highway Traffic Safety Administration states that over 300,000 California residents had 3 or more DUI convictions as of 2008.

The new law will go into effect beginning January 1, 2012.

The purpose of this new law is to punish repeat DUI offenders in California. However, it may have a devastating impact on drivers and the families of those who are wrongfully convicted of a California DUI.  Losing your license for 10 years can seriously and adversely impact your ability to work, go to school, and care for your family.

With this new California DUI law, if you are wrongfully charged with a first- or second-time DUI and you choose to accept the penalties, you may face serious consequences in the future.  This law is similar to the California "three strikes law" – only instead of going to prison, you may lose your driving privileges for a decade.

Do not let this happen to you.  If you or a loved one has been accused of driving under the influence, the California drunk driving lawyers of the Law Offices of Pereira & Moffatt can help.

We will aggressively fight your charges, represent you at your DMV hearing, and help you keep your license. Please contact us immediately to schedule an appointment to meet with one of our attorneys.

DUI  DEFENSES

Many people assume that there is no way to defeat DUI charges, and that hiring an attorney to fight a DUI is a waste of time and money.  However, this is not the case.  There are a multitude of defenses that the DUI attorneys at the Law Offices of Natalio Pereira can present, based upon examination of the facts and the police report. 

Here at the Law Offices of Natalio Pereira, we are very experienced with defending against DUI charges in Southern California.  Did you know that DUI blood testing is prone to error?  We can have our independent laboratories retest your blood sample, and sometimes find that samples have been contaminated due to improper testing or handling.  Here are some other ways in which our DUI attorneys can assist you in defending against DUI charges:

1.  Improper police procedures. Police must follow strict procedures in the process of stopping a vehicle, administering a field sobriety test and/or a “Breathalyzer” test, properly writing a police report and associated paperwork, and making observations of someone suspected of driving under the influence of drugs or alcohol.

2. Improper testing, handling, and storage of blood or breath samples. Title 17 of the California Code of Regulations establishes procedures as to how the state will administer, collect, store, and analyze both California DUI blood tests and DUI breath tests. Any violation of Title 17 opens DUI blood or breath test results to attack. The DUI attorneys at the Law Offices of Natalio Pereira have vast experience with DUI defenses related to Title 17, as do the experts who work for our team.

3. Rising blood alcohol. Alcohol is absorbed into your bloodstream after entering the body. As alcohol is absorbed, your Blood Alcohol Concentration or “BAC” will rise. If you provide a DUI blood or DUI breath sample before you reach your peak absorption rate, the results of those tests made be falsely high. The rate of alcohol absorption varies from person to person, influenced by factors such as:

a.     Whether you drank on an empty stomach,

b.     How quickly you drank, or

c.     What type of alcoholic beverage you were drinking.

Due to these factors, your alcohol absorption rate may still be on the rise at the time you take a DUI blood or DUI breath test.  That is why this defense is referred to as the “rising blood alcohol” defense.  In other words, your Blood Alcohol Concentration may have been below the legal limit at the time of driving, but rose to or above the legal limit by the time you submitted to a DUI blood or DUI breath test.  Remember, California DUI law, specifically Vehicle Code Section 23152(b), states that your BAC must be at .08 or higher at the time of driving to be convicted of a DUI.

The DMV Hearing

Many people do not realize that a California DUI is not purely a matter for our criminal courts if arrested for driving under the influence of alcohol.  The DMV Hearing is a very important aspect of defending DUI charges in California, and to helping our clients keep their driver’s licenses.

First, it is important for you to know that you must contact the DMV within 10 days of being arrested for a DUI in California.  If you do not contact the DMV, you will forfeit your right to a DMV Hearing, and your license will automatically be suspended after 30 days. 

Generally, your DUI lawyer from the Law Offices of Natalio Pereira will conduct the hearing, and you will not be required to attend.  The DMV Hearing is held by a DMV Hearing Officer, and is to determine whether a person arrested for DUI was driving with a Blood Alcohol Concentration of .08 or higher.  The arresting officer may or may not be present for the hearing.

After the DMV Hearing is concluded, the decision of the DMV Hearing Officer will be mailed out within 1 to 30 days.  It is important to note that even if the DMV Hearing Officer finds in your favor, a conviction for DUI in the criminal courts may still impose a suspension of your license.

It is also important to note that DMV Hearings are scheduled for those arrested for DUI related to alcohol.  If you have been arrested for a DUI related to marijuana or other drugs, you will not have a DMV Hearing.  Please contact our offices to schedule a consultation for help with defending against California DUI charges, whether you were charged with DUI related to alcohol or drugs.  Let the DUI attorneys at the Law Offices of Natalio Pereira help you successfully defend against your DUI charges, and keep your driver’s license!

If Your Driver’s License is Suspended

Generally, if your license is suspended because of a DUI, the attorneys at the Law Offices of Natalio Pereira can get your license back within 30 days.  You will then have a restricted license for a period of time, which allows you to drive for purposes of getting to and from work.  If you have special circumstances such as needed to care for children or sick/elderly family members, please let our DUI attorneys know, and we can work with the court or DMV to be sure you can take care of those obligations with a restricted driver’s license.

Please do not drive while your license is suspended!  Driving in California on a suspended license is a crime. 

 Driving on a suspended license can lead to jail time, a probation violation, a longer suspension, and installation of an Ignition Interlock Device or a “Breathalyzer” in your vehicle.   If you have been charged with driving on a suspended license, please view the above link for more information, and contact the Law Offices of Natalio Pereira for a consultation.

DUI Criminal Proceedings

Most people arrested for a DUI will be charged with two crimes – Vehicle Code sections 23152 (a) and (b).  Section (a) is the general section for driving while impaired by alcohol or drugs, and (b) specifically makes it a crime to drive with a BAC of .08 or higher.  The goal is to avoid being convicted of either of these charges.  This can involve taking a deal from the prosecutor, which does not include pleading guilty to a DUI, or taking the case to trial.  We can also negotiate with the prosecutor for a guilty plea that includes no jail time, no work release program, less time spent in a DUI class, or other reductions in penalties. 

Typically, after a DUI arrest, you will spend some time in jail and be released without having to pay any bail amount.  Your first court date, called an arraignment, will be set.  This first court date is the opportunity for your DUI Attorney to plead “Not Guilty” to your DUI charges.  Between Arraignment and the disposition of your case (whether it be a guilty plea for a deal, or a trial) there will be several courts dates.  During these weeks or months, your DUI attorney from the Law Offices of Natalio Pereira will spend time writing and arguing motions on your behalf, having our investigator conduct interviews or collect evidence, obtaining evidence from the prosecutor, and other tactics we use to show the prosecutor that you are more than just a case number.  We have several proven tactics to show the prosecutor that you are a person who deserves careful consideration – a person who deserves to be treated with compassion, for your sake and the sake of your family.  When your DUI attorney takes your case to court, you will no longer be simply a case number.  You will be a human being, whose obligations to the court will be balanced against your obligations to family and work. 

Please contact the DUI Attorneys at the Law Offices of Natalio Pereira for help defending against your California Drunk Driving charges.

RISING BAC DEFENSE

Depending on your alcohol consumption, generally when you are stopped for a DUI, your body is still absorbing the alcohol in your stomach. Studies have shown that it could take up to 2 hours to absorb the alcohol into your blood.  Therefore, it is possible that you might have been under the legal limit at the time of the driving, however, when you were tested later, it could show that you were over the legal limit. In California, this is what is known as the “rising blood alcohol defense.”

How Does the Body Absorb Alcohol?

When you have a few drinks, the alcohol is not all absorbed into your body at once. Depending on many factors, the alcohol gets absorbed slowly. Factors include:

1. Gender

In general, alcohol is metabolized at a different rate in women than it is in men. This is due to general differences in body composition. Studies have also shown that women have fewer of the enzymes used to metabolize alcohol than men do.  

2. Weight

Body weight determines the amount of space through which alcohol can diffuse in the body. In general, a person who weighs 200lbs will have a lower blood alcohol concentration than a 150lb person who drank the same amount. 

3. Medications

Other drugs and medications can have adverse effects and unpredictable interactions with alcohol. Make a point to know what the potential interactions are with medications/drugs you have taken before you drink. In some cases, these interactions can be fatal. When in doubt, don’t drink alcohol when taking meds.

4. Stomach contents

Drinking on an empty stomach irritates your digestive system, and results in more rapid absorption of alcohol. If you have food such as starches or proteins in your stomach and then drink alcohol, that will slow the absorption rate.

5. How fast you consume the alcohol

Does chugging alcohol affect the absorption rate? Generally, the more alcohol you drink within a short period of time, the more you overtax your body's ability to metabolize the alcohol and can decrease the absorption rate. Tolerance can also affect this as well. Your cognitive system shuts down, your inhibitions are lowered and your motor functioning is significantly impaired.

When you consume alcohol, it first enters the digestive system and eventually goes to the brain and to the blood stream. When you drink alcohol, your blood alcohol concentration (BAC) will slowly rise, plateau for a while, and then fall again as your body eliminates the alcohol. This delay could affect your DUI case. In California, it’s illegal to be intoxicated while driving. 

Time matters because it’s the key to the rising BAC defense. If you had a drink and then immediately got in the car, your BAC probably had not risen much yet. If you only drove a short distance, you may never have been legally intoxicated while behind the wheel.

How Does this Defense Work?

A timeline of what happened would need to be constructed and presented to the district attorney.  The timeline includes when you started and stopped drinking, how much alcohol you consumed,  and when you were pulled over and tested. We can use our experts to analyze the timeline to give a better more accurate representation of what the true BAC was in your case.

What Evidence Is Needed?

• Credit card statements or receipts from the location showing what and when the drinks were ordered.  

• Eyewitness testimony- from the server, bartender or other witnesses about your condition and time line.  

• A statement by the police that the reason for the stop was not due to swerving or a collision.

• Possible video at the location that can confirm your presence.

DRIVING ON A SUSPENDED LICENSE

CA Vehicle Code 14601

Vehicle Code section 14601 makes it a misdemeanor to knowingly drive on a suspended or revoked license.  The reason your license was suspended or revoked will determine which section of VC 14601 you will be charged with.  A conviction for driving on a suspended or revoked license can result in jail time and large fines.

Although each section of CA Vehicle Code 14601 is a separate crime, all of them are related to driving on a suspended or revoked license.  Vehicle Code 14601 charges are more serious than VC 12500 Driving Without a License.

If you have been convicted of VC 12500 Driving Without a License in the past, and are stopped without a California Driver’s License again, the DA’s office in Orange County may file your charge as a more serious VC 14601 violation even though an Orange County law enforcement officer wrote you a citation for VC 12500.

If you are an immigrant without a driver’s license, or know someone who faces VC 14601 charges and cannot obtain a California driver’s license, please contact us.  Many of our clients are hard-working people whose only legal troubles come from the fact that they cannot obtain a driver’s license in California, yet must drive to work and take care of their families.

Again, it is important to note that to be convicted of a VC 14601 offense, the prosecution must prove that you knew your driver’s license was suspended or revoked at the time of driving.

 VC 14601(a) - Driving Privilege Suspended/Revoked for Specific Offenses

 VC 14601(a) makes it a crime to drive any vehicle that requires a license to operate when your license has been suspended or revoked due to:

1. Reckless driving,

2. Negligent or incompetent operation of a vehicle,

3. Any mental or physical impairment that prevents you from driving safely,

4. Alcohol or drug abuse.

If you have received notice from the DMV that it intends to suspend or revoke your license due to a violation of VC 14601, please call the criminal defense attorneys at the Law Offices of Natalio Pereira to represent you in your DMV hearing as well as your criminal case.

 VC 14601.1(a) - The “Umbrella” statute

Vehicle Code 14601.1(a) is an ”umbrella” -  it forbids you from driving any vehicle that requires a license to operate when your license has been suspended or revoked for any reason other than those listed in 14601(a), 14601.2, or 14601.5. 

 VC 14601.2(a) - Driving on a License Suspended/Revoked due to a DUI

If your California driver’s license was suspended or revoked due to a DUI conviction, you will be charged with VC 14601.2(a), the most serious charge under VC 14601.  This section carries a minimum 10-day county jail sentence for a first offense, and minimum 30-day county jail sentence for a second offense.  Recent changes in California law also require the installation of an Ignition Interlock Device, or “IID”.  This is a “Breathalyzer” device that is installed in your vehicle, and you must blow into it every time you wish to start your car.  The breath sample must be free of alcohol for the vehicle to start.  When this device is installed in your car, you must pay for installation and maintenance of the device for the duration of your probation period.  Many of our clients who have been convicted of 14601.2(a) Driving on a Suspended or Revoked License due to a DUI retain us to either modify or terminate their probation, so that they can remove the IID from their vehicle before the full probation term has completed. 

VC 14601.3 - Driving on a License Suspended/Revoked due to being a “Habitual Traffic Offender”

The DMV will deem you a “Habitual Traffic Offender” when your California Driver’s License was suspended or revoked during a 12-month period when you were convicted of any of the following offenses:

1. Two or more driving offenses such as Reckless Driving, DUI, Exhibition of Speed, or another VC 14601 violation,

2. Three or more “general” traffic offenses such as speeding,

3. Three or more accidents where someone was injured OR the property damage totaled $750 or more.

VC 14601.5 - Driving on a License Suspended/Revoked due to Refusal of BAC Test or DUI

If you drove when you knowingly had a suspended or revoked license due to:

1. Refusal to submit to a California blood or breath test,

2. Conviction of a DUI under age 21 when refusing to submit to a PAS or “Breathalyzer” test or having a BAC of .01% or higher,

3. Refusing to submit to a PAS or “Breathalyzer” when suspected of DUI and on probation for a DUI conviction,

4. Driving with a BAC of .01% or higher while on probation for a prior DUI conviction,

5. Driving with a BAC of .08% or higher in violation of VC 23152(b) Hotlink to DUI section,

6. Driving with a BAC of .04% or higher in a vehicle requiring a commercial driver’s license.

How Does the Prosecutor Prove that I Knew My Driver’s License Was Suspended or Revoked?

To be convicted of a VC 14601 crime, the prosecutor must simply prove that you knew your license was suspended or revoked.  There are three ways in which it can be presumed that you had knowledge of your driver’s license suspension/revocation:

1. The California DMV mailed you a notice,

2. A police officer informed you when you were arrested for a DUI or any other violation under 14601.5,

3. A judge informed you at the time you were sentenced for one of the violations that will result in a suspension/revocation.

The criminal defense attorneys at the Law Offices of Natalio Pereira will investigate your case, and fight the presumption that you had notice of the suspension or revocation of your driver’s license.

 You should also know that if your license has been suspended or revoked, after the period of  suspension/revocation expires, you must take affirmative steps to get your driver’s license reinstated.  If you do not do so, you may still be convicted of a VC 14601 crime even though the period of suspension/revocation has expired.  To avoid conviction, you must show that you took the necessary steps to obtain a valid driver’s license, or that you have completed all requirements of your probation.

What Sort of Penalties am I Facing if I am Convicted of VC 14601?

All VC 14601 violations have enhanced penalties for prior offenses.  If you have had multiple convictions for VC 14601 crimes within a 5-7 year period, you will face stiffer penalties.

Your punishment may depend on the court’s examination of your case, including your prior driving history, whether you have prior 14601 convictions, or the reason your license was suspended.

Punishments are generally stiffer for VC 14601.2 convictions, those convicted of vehicular manslaughter, or Habitual Traffic Offenders.

Habitual Traffic Offenders may permanently lose their driver’s license, have their vehicle impounded, and face longer jail sentences.

The specific penalties associated with a VC 14601 conviction can vary.  Please contact the criminal defense attorneys at the Law Offices of Pereira & Moffatt for more information, and to let us help fight your VC 14601 charges! 

I am Charged with Violating a Section of VC 14601 that Requires Jail Time.  Is there Any Way I Can Avoid Jail Time in Orange County?

Yes.  It is true that some VC 14601 violations have statutory minimums set for jail sentences.  However, the criminal defense attorneys at the Law Offices of Natalio Pereira maintain good relationships in the Orange County courts.  Even if your charge requires jail time, we can work with the District Attorney’s office to qualify you for in-home detention, work release, or some other alternative to serving your time in an Orange County jail.

MINIMIZE THE PRELIMINARY ALCOHOL SCREENING (PAS) TEST RESULT

It is always important to know your rights. The first way to minimize this evidence result is not to take the test at all. If you get pulled over for a DUI, you should consider not performing the ( PAS) test as this is generally not a good idea. In California, most DUIs are charged by the prosecution under two different laws:

1. California Vehicle Code 23152(a)- makes it a crime to operate a motor vehicle "under the influence" of alcohol. "Under the influence" means that your physical or mental abilities are impaired to the extent that you can no longer drive as well as a cautious sober person.

2. California Vehicle Code 23152(b)-  which says that it is unlawful for a person to have a blood alcohol concentration (BAC) of .08% or higher while driving.

The  V.C. 23152(b) is the most common, and the most common way of testing your BAC is using a breath test device, such as a PAS. The results of your breath test can seem definitive—after all, they “prove” how much alcohol was in your system. But they aren’t always right. The equipment itself can be inaccurate, the officers giving you the test can make mistakes, and there are many reasons why you would get a false positive that “proves” you were over the limit even though you weren’t.

A good DUI lawyer will never take the PAS breath test results at face value. Attacking the validity of the test results can be a powerful way to defend your DUI case. It could mean getting a key piece of evidence against you tossed out of the case. It could even mean getting the charges against you dropped.

The PAS test is done in the field at the scene of the stop.  An officer uses a small portable breath test device to obtain a sample of your breath. It’s typically done after the field sobriety tests and before the arrest. Officers will use the results of the PAS to consider whether to arrest you for DUI or not. But, PAS tests are generally not admissible in court and are potentially unreliable. Unlike the breath test machines, which are known as Evidentiary Preliminary Alcohol Screening (EPAS) device, that police use at the station. It’s possible to challenge the breath test results no matter what device was used.

Why the PAS Result Is So Important To the Prosecution!

Technically, prosecutors can seek a DUI conviction with or without a breath test. But, if they can show that your blood alcohol concentration (BAC) was over .08%, then they will have an easier time getting a conviction. Generally, once you have stopped consuming alcohol, your BAC will rise and then fall depending on many factors, providing a bell shaped curve. However, the more tests you provide for the prosecution, the better chances that they can convict you, even if you weren't intoxicated at the time of the driving. This is why the test results matter so much. Whether or not the prosecutor has breath test evidence can be the difference between convicting you and letting you go.

Note, that Utah has changed the DUI law down to .05% BAC, and we expect California will be following their example, soon.

Difference Between Men and Women

In many cases, the driver may have consumed some alcohol, but maybe not enough to be a against the law. Scientifically, the legal limit of .08% BAC usually can be achieved by consuming up to four beers by a 150 pound average male. While a woman might need two or more to get to the same result.  

The combination of less water and more fats tissues can attribute to why women's BAC is often higher than men. Due to enzymes and a higher fat to muscle ratio can produce a significantly high BAC for a women given the same body weight to a similar sized man. While women are generally smaller in size, they usually have a lower body mass index. The more muscle a person has will dilute a similar concentration level of alcohol in the blood. There are many other factors to consider, but you should talk to the attorneys at the Law Offices of Natalio Pereira

WHAT IS A DUI REFUSAL?

When you are arrested for DUI, you will be asked to give either a breath or blood sample. The blood test is the most accurate. The blood test is used for alcohol and drug DUI's. The results of these tests are usually the cornerstone of the prosecution’s case against you. If you’re asked to provide an blood or breath sample after you are arrested and you don’t consent to that test, you can be charged with a refusal allegation as well as a DUI. This is even if you gave a breath sample in the field.

Should I Refuse a Chemical Test?

The short answer is "No". In California, driving is a privilege, and not a fundamental right. Driving is also an activity that can cause serious harm or even kill people if done irresponsibly. For these reasons, the state of California puts conditions on your ability to drive. One of these conditions is that you will agree to a chemical test if you’re ever arrested for DUI. Basically, you “consented” to take the blood test the day you applied for your driver’s license.

How Could a "Refusal" Affect the Outcome of My Case?

There are many things that can enhance the punishment of a case. If you are convicted in court for  a DUI, and there was an enhancement of a refusal then the possible punishment can be severe.

• A possible additional 30 days in jail.

• From one to three years of a suspension on your driving license.

• Attend a minimum 9 months of DUI classes instead of the normal 3 months

Can I Fight a Refusal Allegation?

Absolutely. Police are typically in a rush to get their man. Occasionally, we  have found that the police did not follow the proper procedures when conducting a DUI investigation. As a result, it’s possible to be charged with refusal even though you never refused. This leave room for a good DUI lawyer to challenge the refusal. 

When Can I Challenge a Refusal?

• Police did not explain to you that refusal is illegal or the penalties it carries.

• The police did not speak your native language, if English is not your first language.

• You have a medical condition, that would make it dangerous for you to give a blood sample.

• You attempted to request a different type of test, like a breath test, and police interpreted this as a refusal. 

• You were injured or unconscious

For more information, if you or a loved one are facing DUI charges, please contact the attorneys at the Law Offices of Natalio Pereira today. Call (800) 926-1852 immediately, we have offices near you.  Your defense starts now!