A San Diego DUI Test Refusal can mean Consciousness of Guilt

San Diego California DUI Attorney law

San Diego California DUI Refusal

Criminal Court Jury Instructions
2130.

Refusal—Consciousness of Guilt (Veh. Code, § 23612)

California (DUI) 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
( DUI ).

If the defendant refused to submit to such a (California DUI
chemical) test after a peace officer asked (him/her) to do so and
explained the test’s nature to the defendant,
then the defendant’s conduct may show that
(he/she) was aware of (his/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.





Your San Diego DUI Attorney will explain the important issues
surrounding an alleged San Diego DUI criminal defense case.