Refusal to Submit to a Chemical Test

penalty enhancement for bac test refusal

Refusal to Submit to or Failure to Complete a Chemical Test by person convicted of  DUI in San Diego. If any person in San Diego is convicted of a violation of Section 23152 or 23153, and at the time of the arrest leading to that DUI conviction, that person willfully refused a San Diego Police Officer’s request to submit to, or willfully failed to complete, the blood alcohol chemical test or tests pursuant to Section 23612.

California Vehicle Code §23577

The San Diego Court shall impose the following penalties:

If the person is convicted in San Diego of a first violation of Section 23152, notwithstanding any other provision of subdivision (a) of Section 23538, the terms and conditions of probation shall include the conditions in paragraph (1) of subdivision (a) of Section 23538.

If the person is convicted in San Dieogo of a first violation of Section 23153, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the San Diego County jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the California state prison and the execution of that sentence is not stayed.

If the person is convicted in San Diego of a second violation of Section 23152, punishable under Section 23540, or a second violation in San Diego of Section 23153, punishable under Section 23560, the punishment shall be enhanced by an imprisonment of 96 hours in the San Diego County jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the California state prison, and execution of that sentence is not stayed.

If the person is convicted of a third violation of Section 23152 in San Diego, punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 10 days in the San Diego County jail, whether or not probation is granted and no part of which may be stayed.

If the person is convicted of a fourth or subsequent violation of Section 23152 in San Diego, punishable under Section 23550 or 23550.5, the punishment shall be enhanced by imprisonment of 18 days in the San Diego County jail, whether or not probation is granted and no part of which may be stayed.

The willful refusal or failure to complete the San Diego DUI chemical test required pursuant to Section 23612 shall be pled and proven.

Punishments

1st Offense 23152
standard first conditions plus one year driver license suspension plus 48 hours in custody

2nd Offense 23152 or 23153
San Diego DUI Chemical Test Refusal to Submit standard second conditions plus 96 hours in custody and 2 year driver license revocation

3rd Offense – 23152
San Diego DUI Blood Alcohol Test Refusal standard third conditions, 10 days in custody and 3 year driver license revocation

4th Offense – 23152 or 23152/23153
San Diego DUI Blood Alcohol Chemical Test Refusal within 10 years of prior felony 23152/23153 – standard fourth or San Diego felony DUI conditions, 18 days in custody and 3 year driver license revocation California Vehicle Code §23577 & California Vehicle Code §23578

 

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