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DUI Refusal in Brea

Summary: This page covers Can You Refuse a Test?, Consequences for Refusing the Test.

If you are driving and are stopped by a law enforcement officer who suspects that you may be driving under the influence of alcohol, they can ask you to take a sobriety test. The officer will often make it known to you that it is your choice to accept or refuse the test. The question is can you refuse to take the test?

Can You Refuse a Test?

According to California’s ‘Implied Consent laws’, once you have been arrested for a DUI you have to choose between a breath test and a urine/blood test. According to California Implied Consent laws, as long as you have a driver’s license you consent to give a sample to an officer upon request if you have been arrested. The emphasis here is on the request for the sample being after you have been arrested.

If you are asked for the sample before an arrest, then you can decline to give a sample for the test. That being said, if the officer finds probable cause to still make the arrest, then you are likely to face stiffer charges after the arrest. Once you are arrested and refuse to give a sample to determine your BAC, you can be charged with DUI refusal in Brea.

Consequences for Refusing the Test

The consequences for refusing to take a DUI test are severe and are often levied in addition to penalties for a DUI conviction.

  • For a first time DUI offense, you will face; 1-year driver’s license suspension, 9-months California DUI classes and up to 48 hours in jail
  • For a Second time DUI offense, you will face; 2-year driver’s license suspension and up to 96 hours in jail
  • For a third time DUI offense, you will face; 3-year driver’s license suspension, and up to 10 days in jail

It is important to call a DUI attorney as soon as is possible because a strong defense can be mounted if steps are taken soon enough. Call our law firm to speak to one of our DUI lawyers as soon as possible. The sooner you call, the faster we can get started on your case.

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Criminal Defense Case Results

Mr. R was charged with embezzling close to $100,000 as a utility salesperson using a scheme to steal customers’ identities. Client avoided any jail time and received probation.

Mr. P was charged with embezzling equipment from John Wayne Airport while working as a contractor. Our office negotiated a civil compromise, resulting in the dismissal of felony charges and sealing his arrest record.

Mr. W. was charged with eight counts, including domestic violence, child endangerment, and criminal threats. Our office negotiated an offer of one year in therapy and then a dismissal of all charges.

Mr. H. was found by police passed out in his vehicle with drugs out in the open. Our office was successful in obtaining a diversion out of the criminal justice system and ultimately a dismissal.

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Refreshing & Life-Changing Experience

Thank you, Ms. Johnson-Norris, for your help and support in a very scary, bad time in my life! You were a ray of sunshine in a very dark place. I didn’t have to step foot in a courtroom once; Ms. Johnson-Norris was there for me. Always kept me up to date and informed of the progress of my case, was able to work out a very good deal with the courts. If you need a great attorney that will work for you and with you, then I would highly recommend you hire Lauren Johnson-Norris!

J.B., a criminal client

Ms. Johnson-Norris was very effective in dealing with a juvenile criminal charge, getting it routed to a diversion program, minimizing court appearances, and being supportive to both my son and me.

Keith, a Juvenile client

Lauren Johnson-Norris changed my life and my family’s in September 2014. I was a troubled young girl with some convictions on my record from my early adult life. I have grown older and changed my life but my past kept rearing its ugly head. I started researching expungement and found Ms. Johnson-Norris, and I am so glad I did. She treated me like a person and as I told her about myself she really engaged in my situation and I felt I was not some number to her but a real person. She expunged two felonies I had. One of them the courts did not want to expunge, but Ms. Johnson-Norris would not take no for an answer and fought for me! She always kept me posted on what was going on. I believe God led me to her. She is very talented and knows what she is doing. She is extremely professional and is not only after your money. She has a heart under her tough Lawyer position that she does so well. She cleared my record and gave me hope for my future, my husband’s and my son! I HIGHLY RECOMMEND HER. If you had a rough past and are trying to change your life. Go see Ms. Johnson-Norris; she knows what she is doing.

A.M., a criminal client

I want to thank Ms. Johnson-Norris, especially, for all her help during this difficult time. When we could not see the end of the tunnel, she helped us and guided us through the exit. Thank her not only for her professional help but for her emotional and sympathetic support. God bless her.

Parent of a juvenile crime client

I really appreciate everything she has done for me; I cannot thank her enough! Ms. Johnson-Norris did an absolutely thorough job by answering any and all questions that I had. She called me with updates and preferences on how I should be handling the case, which made the whole process very reassuring. The staff was very up to date with all of the follow-up information that was involved with my case that was also extremely beneficial. Ms. Johnson-Norris had a very reassuring aspect about her that made it very easy to let her handle the case. If anything were to go wrong with anyone I am associated with, she will be the lawyer of choice. I really appreciate everything that she has done for me, I can not thank her enough!

Mr. D., a criminal defense client

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Criminal Defense FaQ

What immediate steps will you take to protect my rights?

We provide immediate crisis command by reviewing the allegations against you and intervening with law enforcement to prevent further exposure. From the moment you retain the Firm, we act as your shield, managing all communications and executing a decisive strategy to protect your liberty and reputation.

We prioritize discretion and exposure management. We understand that a public allegation can be as damaging as a conviction; therefore, our strategy focuses on minimizing the visibility of your case while challenging the prosecution’s narrative to preserve your standing in the community.

We begin by meticulously reviewing the allegations to determine if the conduct even constitutes a crime under the law. We then scrutinize the prosecution’s evidence against the highest standard — proof beyond a reasonable doubt. By analyzing the “who, what, when, where, and how,” we identify the natural questions a jury will have, allowing us to build an expert strategy that derails the prosecutor’s narrative.

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Yes, our firm offers comprehensive legal services in Orange County with a unique focus on “crossover” cases where criminal and juvenile law intersect. Johnson Criminal Law Group provides the specialized expertise necessary to navigate investigations that threaten parental rights and family stability.

When you partner with Johnson Criminal Law Group, you receive 24/7 responsiveness and a clear, strategic plan designed to resolve your legal emergency decisively. We balance aggressive defense strategies with genuine human connection, ensuring you are treated with the respect and transparency you deserve during a crisis

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