Second-Time DUI, Refusal, Torrance, Hermosa Beach Arrest

In November 2016, our client was arrested, charged and later convicted of DUI in the Torrance Courthouse, arising out of an arrest in Hermosa Beach.

In November 2023, our client was again arrested, charged and later convicted of DUI in the Torrance Courthouse arising out of an arrest in Hermosa.

Our office did not represent the client in his first DUI, but we did in his second.

In the evening before his arrest for his second DUI, our client enjoyed a few beers with friends in the Pier Plaza area of Hermosa Beach.  The group stayed in the bar until it closed, at about 2:00 a.m.

About ten minutes later, our client got into his 2020 Chevy Colorado and decided to drive home to Hawthorne.  As he was heading eastbound on Pier Avenue, a Hermosa Police officer watched his truck run through three stop signs at Bard Street. Valley Avenue and Ardmore Avenue without even slowing down.  The officer gave chase and pulled over our client just as he was turning onto Pacific Coast Highway.  

Our client pulled over on the southbound side, into a small gas station parking lot next to the McDonald’s.

Our client, who is Hispanic, claimed the officers were racially profiling him for the traffic stop and told them he would not submit to any breath or blood test.  He also refused to submit to any field sobriety tests.  It merits mention that this is an arrestee’s right at the scene before being arrested, under Vehicle Code § 23612.

He was then arrested and taken to the Hermosa Beach Police Station, which was literally less than 300 yards away, just down the hill.

Once at the station, he became quieter, but again refused to submit to a breath or blood test.  This refusal, however, is improper.  It is a violation of Vehicle Code § 23577 to refuse to submit to a breath or blood test after being arrested on suspicion of DUI and being advised that he was obligated to submit to such a test.

The client was then held at the Hermosa Beach station for about eight hours before being released.  When he was released, he signed a promise to appear in the Torrance Courthouse in about three months.

About a week later, the client called Greg Hill & Associates and described what had taken place.  He understood that the punishment for a second-time DUI was considerably more severe than in a first-time DUI.  He also understood that he most likely would be charged with refusing to submit to a breath or blood sample and that this refusal would carry with it more severe consequences than if he had submitted to such a test.

Greg then explained to the client the defenses that might apply to a refusal to submit (officer-induced confusion (often caused by the officer “winging it” or giving a Miranda warning before the admonition; ambient noise preventing the suspect from hearing the admonition; and an incomplete admonition).  

Greg also confirmed to the client that indeed, punishment for a second-time DUI and with a refusal to submit was more severe in court and with the DMV.  Greg then explained what the minimum mandatory punishment was from the court and the DMV.  Greg then explained how a restricted license from the DMV would not be issued to the client because his case would most likely be regarded as a refusal.

We also discussed city jail (also called “private jail”) as an alternative to county jail, and how Los Angeles Sheriff’s Deputies at Men’s Central jail could agree to installation of a SCRAM device in lieu of time in county jail and how our office could make arrangements to be ready for such an offer if made.

Despite this grim background, our office then appeared for the client and we were able to resolve the case for minimum punishment in court (we lost at the DMV).  The Redondo Beach City Prosecutor’s Office kindly agreed to resolve the case for four years of summary (informal probation), the eighteen-month SB 38 program, 96 hours of county jail and a fine of $450, plus penalties and assessments.  Otherwise, there were no other requirements of probation, which our client appreciated.