Long Beach Drunk Driving Attorney Wins DUI Refusal Case

As far as drivers license suspension cases go, there is no greater punishment than for that of refusing to take a chemical test incident to an arrest for DUI.  The DMV can revoke a license for up to three years and allow no work restriction if they uphold the  action following notice of a refusal by law enforcement.  The way it typically works is that the cop making the arrest will fill out a form known as an officer statement/notice of suspension and send that to the Department of motor vehicles.  Once the DMV gets the paperwork they will start a suspension of anywhere from one to three years depending on if the driver has priors.  If no hearing request is made the suspension becomes final and no appeals will be allowed. 

In one recent Long Beach arrest, local DUI Attorney Matthew Ruff represented a driver stopped for running a stop sign in downtown near Ocean Blvd.  The driver was asked to perform field sobriety tests and ultimately arrested for drunk driving.  When asked to submit to a chemical test the driver refused, later at the police station he was asked again to take a breath or a blood test, he again said no.  The Long Beach police Officer booked him for DUI and sent a notice to DMV of the refusal.  Upon release the accused hired the attorney who demanded a hearing to challenge the suspension.  A date was set in El Segundo and the lawyer presented testimony from the client and argued that the police officer failed to follow mandatory legal requirements regarding how the driver should have been admonished about the consequences.  Specifically, attorney Ruff presented evidence that the vehicle code was not followed with regard to VC 23612 inasmuch as the officer failed to advise his client in the way the law proscribes.  The hearing officer agreed and set aside or dismissed the suspension action.  The client avoided the mandatory one year loss of all driving privileges and got his license back immediately.  Later in Court in Long Beach on the DUI criminal case, the attorney was able to have the DUI charge dropped.

The bottom line is that refusal cases in California can be beat if the police fail to follow the law themselves.  Most attorneys that practice regularly in the area of DUI refusal relate that this type of scenario is commonplace.  Contact a lawyer if you are facing a similar situation, the consequences for refusing are harsh and the Court can do nothing to change the suspension once it becomes final with the DMV.

3 Responses to Long Beach Drunk Driving Attorney Wins DUI Refusal Case

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