A refusal to submit to a chemical test will result in an automatic license suspension.
As Americans, we enjoy certain constitutional rights, such as the right to an attorney in criminal cases, and the right to be free from unreasonable searches and seizures. So it is understandable why many people would believe that the same right to be free from “unreasonable searches and seizures” would extend to law enforcement taking blood, breath or urine samples from your body after you have been arrested. Yet as a Santa Ana DUI defense lawyer can explain, the rules are a bit different when it comes to driving.
California has what is known as an “implied consent” law. Under the California Vehicle Code, if you are lawfully arrested on suspicion of driving under the influence of drugs or alcohol (DUI), then you are required to submit to a chemical test. This test may take the form of a blood, breath or urine test. If you refuse to take a chemical test, then your license will automatically be suspended for a period of one year for the first offense. If you refuse a second time within a 10 year period, then your license will be suspended for 2 years. The Department of Motor Vehicles will impose a 3 year suspension on anyone who refuses a chemical test who has 2 or more DUI convictions, 2 or more license suspensions or revocations on their record, or any combination of two convictions that result in license suspension or revocation.
According to a Santa Ana DUI defense lawyer, it is important to remember that this license suspension is on top of whatever penalties that you may face as a result of your DUI. A license suspension for a refusal to take a chemical test is separate — you could still have your license suspended for the DUI itself. However, you do have the right to challenge your automatic suspension with the DMV. If your arrest was unlawful, the officer did not advise you of your rights, or the officer did not instruct you about taking the test, the DMV hearing officer may overturn the automatic suspension.
Automatic suspensions for refusal to take a chemical test only applies to post-arrest screenings. It does not apply to roadside breathalyzer tests, or preliminary alcohol screenings (PAS). You can decline to take those tests without penalty, unless you are under the age of 21 or currently on DUI probation. If you fall into one of those categories, you cannot refuse to take the PAS.
If you have been charged with a DUI, a skilled Santa Ana DUI defense lawyer can help. While challenging a DUI arrest can be difficult, an aggressive attorney can put together factual and legal defenses to the charges to protect your rights and freedom. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more or to schedule a free initial consultation.
