Vehicle Code 23577 is the criminal-side refusal enhancement. When a person is convicted of a DUI and is found to have refused a chemical test, this statute adds mandatory time to the sentence, on top of the separate license suspension the DMV imposes for the refusal.
What it adds
The enhancement adds a mandatory additional period in county jail that grows with the offense level: a set number of additional hours on a first offense, more on a second, and more still on a third or fourth. The time is mandatory once the refusal is proven, which is why defeating the refusal finding is the goal.
What the prosecution must prove
The enhancement depends on a valid refusal. The prosecution must show the arrest was lawful and that you were properly advised that refusing would carry consequences. Confusion about the admonition, a medical inability to complete a breath test, and questions about whether you actually refused are all real challenges, and they defeat both the enhancement and the DMV action.
Where to start
A refusal allegation raises the stakes on both the criminal and DMV sides, and the admonition is often where it is won. Get a free written case analysis below or call me directly. See also the refusal license suspension (VC 13353).