DUI Refusal – Dod Law Aggressively Defends SoCal DUIs

San Diego DUI Refusal

Being accused of a DUI refusal can make an already serious situation even more challenging. In California, refusing to take a chemical test after a DUI arrest can lead to automatic license suspension, enhanced penalties, and harsher prosecution. But many drivers are unfairly accused of refusing—often because of confusion, fear, or unclear instructions from law enforcement.

At Dod Law, we understand how easily these cases can be misunderstood. Our team provides aggressive DUI defense for drivers throughout San Diego and Southern California, fighting to protect your rights, your license, and your freedom.

What Is a DUI Refusal in California?

Under California’s implied consent law (Vehicle Code §23612), anyone who drives in the state automatically agrees to take a chemical test—either a breath or blood test—if lawfully arrested for DUI.

If you refuse or fail to complete the test, the DMV can immediately suspend your license, and prosecutors can use your refusal against you in court. However, not every “refusal” is valid. Law enforcement officers must follow specific legal procedures, and failing to do so may make the refusal invalid.

You may be accused of a DUI refusal if you:

• Declined to take a breath or blood test after arrest
• We are not clearly told of the consequences of refusal
• Were unable to perform the test due to a medical issue
• Were confused or misunderstood the officer’s instructions
• Asked to speak to an attorney before taking the test (which officers interpret as refusal)

At Dod Law, we thoroughly investigate what really happened and determine whether the officer followed the law before claiming you “refused.”

Penalties for a DUI Refusal

A DUI refusal adds serious penalties on top of a standard DUI charge. Even a first-time offense can lead to severe consequences, including:

• License suspension:
  • 1 year for a first offense
  • 2 years for a second offense within 10 years
  • 3 years for a third offense within 10 years
• Increased jail time or probation conditions
• Mandatory DUI school
• No eligibility for a restricted license in many cases
• Refusal evidence used in court, suggesting you were aware of your intoxication

These penalties can disrupt your job, family, and daily life—but with the right legal representation, they can often be reduced or even avoided.

How Dod Law Can Help

A DUI refusal does not mean automatic conviction. At Dod Law, we’ve successfully defended clients across Southern California facing refusal allegations, often exposing errors by law enforcement or the DMV.

Our defense strategy includes:

1. Challenging the legality of the traffic stop – If the officer did not have probable cause to stop or arrest you, the entire case may be dismissed.
2. Examining the advisement process – Officers are required to clearly explain the consequences of refusal. If they did not, your alleged refusal might not hold up in court.
3. Reviewing all reports and video evidence – Body cam footage and documentation can reveal miscommunication or false assumptions about your behavior.
4. Handling your DMV hearing – We represent you before the DMV to contest any automatic license suspension and protect your driving privileges.
5. Negotiating for reduced penalties – In many cases, we can work to minimize penalties or have the refusal charge dropped altogether.

Our team uses every available defense tool to protect your rights and pursue the best possible outcome.

Why Choose Dod Law

Dod Law has earned a strong reputation throughout San Diego and Southern California for its success in defending DUI cases—including those involving refusals, prior DUIs, and chemical testing disputes.

Why our clients trust us:

• Extensive experience in California DUI law and DMV hearings
• Aggressive courtroom advocacy and skilled negotiation
• Proven record of dismissals and charge reductions
• Direct attorney access and personalized representation
• Commitment to protecting your license and your future

We understand that one mistake or misunderstanding shouldn’t define your life. Our mission is to provide a defense that gives you a real chance to move forward.

Act Now!  Call Dod Law for a Free Consultation

If you have been accused of a DUI refusal in San Diego or anywhere in Southern California, do not face it alone. Contact Dod Law today for a free, confidential consultation. We will review your case, explain your rights, and develop a clear strategy to defend you.

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form