San Diego DUI Law Center

San Diego California DUI Attorney law

San Diego California DUI Refusal

Criminal Court Jury Instructions

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.

One of the optional instructions in California for refusals is the following:

If you find that the defendant was offered and refused a choice of blood or breath after he had been made aware of the nature of the tests and their purpose, that refusal is not sufficient, standing alone and by itself, to establish the guilt of the defendant but it is a fact which, if proved, may be considered by you in the light of all other proved facts in deciding whether defendant is guilty or not guilty. The weight to which this circumstance is entitled and whether or not that conduct shows a consciousness of guilt are matters for your determination.

(CALJIC 16.835)

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

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