DUI Blogger

As a Los Angeles DUI defense attorney, people frequently ask me the following question: If I’m stopped for DUI, should I take a blood/breath test or refuse to do so? And here’s how I respond: It depends.

If you can live without your driver’s license for a year, then politely refusing to submit to a chemical blood or breath test is a good choice. I say this because the California DMV will automatically suspend your driver’s license for a minimum of one year (more if it’s your second or subsequent DUI arrest) if you refuse to submit to a blood/breath test.

But if you can suffer that consequence because either (1) you can rely on friends/family to drive you, or (2) have a good public transportation system, prosecutors have a difficult time proving refusal cases. Often times the arresting officer can’t articulate exactly why he/she believed you were DUI. And even when he/she can, a good drunk driving defense lawyer can usually challenge those observations.

If you can’t give up your driving privilege, then take a test…but only at the station, not a hand-held test in the field. And opt for the breath test, as it’s much easier to effectively dispute the accuracy of breath test results over blood test results.

Hope this helps!

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Chemical Test Refusal , DUI , DUI Blood Testing , DUI Consequences , Field Sobriety Tests

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Defensive superstar Carlos Dunlap of the Florida Gators was arrested for DUI early yesterday. Police approached his car when it was stopped at an intersection while he had a green light. Dunlap was allegedly found asleep, slumped over his steering wheel. As expected, the police reported that he failed his field sobriety tests. He also reportedly refused to submit to a chemical DUI blood or breath test.

At first glance, the “evidence” against Dunlap looks pretty bad. However, DUI charges are always worth fighting! Maybe he was suffering from a medical condition that caused him to pass out behind the wheel…maybe he was fatigued from practice which is why he “failed” his FSTs…maybe he was, in fact, DUI but the officers didn’t follow the proper legal procedures…procedures that compromised the integrity of the entire DUI case.

Continue reading "Florida Gators Carlos Dunlap Arrested for DUI" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , Chemical Test Refusal , DUI , DUI Consequences

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With every holiday comes increased California DUI patrols. Law enforcement beefs-up its patrol units to ensure that extra officers are visible to the public…both as a way of discouraging people from drinking and driving and to arrest those who they believe are DUI.

If you find yourself in the unfortunate position of being stopped for a California DUI investigation, try to keep the following tips in mind…they won’t necessarily get you out of a DUI arrest, but they will make it more difficult for the prosecution to convict you of DUI.

1. Be polite and respectful to the officer, no matter what.
2. Politely refuse the field sobriety tests (FSTs). Contrary to popular belief, these tests are not mandatory and rarely, if ever, help a DUI suspect.
3. Politely refuse to submit to a preliminary alcohol screening (PAS) test. Similar to FSTs, a PAS test is voluntary…unless you are under 21 or are currently on probation for a California DUI.
4. Do submit to a chemical DUI blood or breath test after you have been arrested…unless you don’t mind losing your California driver’s license for a minimum of one-year and spending at least 48 hours in a county jail. And finally,
5. Exercise your Constitutional right to remain silent. Although it’s contrary to human nature not to try to defend oneself, please resist all temptation to do so. Any statements you make can and will be used against you to incriminate you and/or attack your credibility.

Be safe everyone. Happy Thanksgiving!

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , Chemical Test Refusal , DUI , DUI Blood Testing , DUI Consequences , News & Information

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Texas…one of the states that currently permits officers to perform forced blood draws in DUI refusal cases…has become even more aggressive with respect to its alleged DUI offenders.

The state used to permit officers to perform warrantless DUI blood draws when someone was seriously injured by the suspected DUI driver. Now police are authorized to perform these warrantless DUI blood draws when there is a DUI chemical test refusal and in any of the following cases:

1. Someone was injured severely enough that they required immediate medical attention


2. There was a child in the car


3. It was the suspect’s third DUI.

This is just another example of how this nation is becoming more of a police-state with respect to driving under the influence. It’s one thing to toughen the laws for convicted repeat offenders (a policy that I’m not advocating, by the way), but to toughen the laws with respect to those who have only allegedly violated the law is inexcusable.

Continue reading "Texas Police Expanding Forced Blood Draws" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Chemical Test Refusal , DUI , DUI Blood Testing , DUI Consequences

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Every year, the California legislature introduces new laws that relate to driving. In 2009, several of these new laws directly related to driving under the influence.

One of the newer California DUI laws deals with DUI probation violations. California’s zero-tolerance law states that you will automatically lose your driver’s license if you are on probation for a DUI and are caught driving with any measureable amount of alcohol in your system, or refuse to submit to a chemical blood or breath test to determine your blood alcohol concentration (BAC).

Another 2009 California DUI law pertains to DUI school. Prior to this year, if you suffered a second wet reckless conviction, there was no requirement that you attend DUI school. However, since 2009, if you find yourself in this situation…or in a situation where you are convicted of a “wet” and have a prior DUI conviction…you must attend a minimum nine-month drug/alcohol education program.

Continue reading "2009 California DUI Laws" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Chemical Test Refusal , DUI , DUI Consequences , DUI Legislation , DUI School , News & Information

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Chemical test refusals in California DUI cases are commonplace. In fact, many California DUI defense attorneys will “suggest” that if you are pulled over for a DUI…and can live without your license for one year…politely refuse to perform any FSTs and politely refuse to submit to a chemical blood or breath test.

If the National Highway Traffic and Safety Administration (NHTSA) has its way, the option of refusing a California DUI chemical test will soon cease to exist.

NHTSA is eagerly awaiting the results of a one-to-two year study currently being conducted in Idaho and Texas where police officers are being trained to draw blood from DUI suspects who refuse to submit to chemical testing. Arizona, who has been employing this tactic for almost 15 years, has seen its DUI refusal rate drop by more than 50%.

Although the U.S. Supreme court held that forced blood draws are constitutional in DUI refusal cases…can the same be said for their reliability? Absolutely not.

Continue reading "Chemical Test Refusals in California DUI Cases...A Thing of the Past?" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Chemical Test Refusal , DUI , DUI Consequences , News & Information

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California's implied consent law requires those lawfully arrested for DUI to submit to a blood or breath test to measure their BAC. Yet many arrestees refuse to take either test and thus get charged with a DUI with "chemical test refusal." Are "refusers" better off?

It depends. They face good news and bad news. The good news is that prosecutors generally loathe taking refusal DUI cases to trial. They lack the most damning piece of state's evidence: a blood or breath test revealing the defendant's BAC. Many prosecutors prefer to plea bargain refusal DUI cases on terms more favorable to the defense. Or if the case does go to trial, the accused usually has a better shot at a "not guilty" verdict.

Now, for the bad news. If the refuser loses his DMV hearing, a one-year driver’s license suspension will be imposed. And there's no provision here for a restricted license. It's just a hard, outright, one-year suspension. Get caught behind the wheel: go to jail.

Continue reading "To Blow or Not to Blow? That is the Question" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Chemical Test Refusal , DUI , DUI Consequences

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