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Police Must Advise Refusal Used When Testifying in a San Diego DUI Trial
Police officers must inform the defendant that refusing to take the chemical test will be used in court or during trial.
In Sanchez v. Alexis (1982), Alexis, Defendant was arrested for driving under the influence of alcohol. When defendant was told to submit to a chemical test, defendant refused and his license was suspended. Defendant filed a petition for a writ of mandate because he claimed that the arresting officer did not warn him that his license could be suspended for refusing to submit a chemical test (Cal. Vehicle Code § 13353 (a)). Defendant also claimed that suspension of his license violated the procedural due process. Cal. Vehicle Code § 13353 (a) states that if a person refuses to submit a chemical test, the department of motor vehicle shall suspend and revoke the person’s privilege to drive a vehicle.
“Procedural due process,” governs how legal proceedings must be taken out. Procedural due process is rights to notice and a hearing, so any person who has been affected by the proceeding has the right to appear before a neutral judge or arbiter, and to explain its side of the case before a decision is made. Some of the procedural rights include the right to notice and a hearing, the right to have one’s case heard before a jury, the right to be represented by an attorney and the right to remain silent during criminal investigations and trial.
If you have any questions about your DUI case in San Diego, please contact San Diego DUI attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense Lawyer
