In California, The “implied consent” sanctions under V.C. § 23612 are an administrative in nature, they being administrative- type sanctions only, which are necessary to encourage an arrestee to voluntarily submit to a blood or breath test and thus avoiding the possibility that force might be used (which it can if a warrant is obtained or the circumstances involve an exigency). And the enhanced penalties imposed under V.C. § 23577 apply only upon conviction for the underlying DUI offense itself. For these reasons, the Court found it “inappropriate” to charge and convict a person of P.C. § 148(a)(1) in the non-violent DUI refusal situation. Because the DUI laws already punish the person for not taking a test the court ruled a separate crime of PC 148 would not apply.
Saturday, January 14, 2017
Refusing To Submit To A Chemical Test For DUI Is Not A Violation Of PC 148
Many officers believe if a dui suspect refuses to take a breath or blood test during a drunk driving investigation then they are guilty of delaying an officer under PC 148. Not so under California law according to People vs. Valencia 240 Cal.App.4th Supp. 11