DUI Refusal

If a person is accused of refusing to submit to a chemical test as required by the implied consent statute, that accusation or allegation must be proved in a criminal case beyond a reasonable doubt. It is important to remember that beyond a reasonable doubt is not the legal standard in a California Department of Motor Vehicles license suspension action. The applicable standard of proof in a DMV Hearing is preponderance of the evidence.

Vehicle Code section 23612 as defined by CALCRIM 2130

The law requires that any driver who has been lawfully arrested submit to a chemical test at the request of a peace officer who has reasonable cause to believe that the person arrested was driving under the influence.

If the defendant refused to submit to such a test after a peace officer asked him or her to do so and explained the test's nature to the defendant, then the defendant's conduct may show that he or she was aware of his or her guilt. If you conclude that the defendant refused to submit to such a test, it is up to you to decide the meaning and importance of the refusal. However, evidence that the defendant refused to submit to such a test cannot prove guilt by itself.