Before you are arrested, you are not required to submit to a breathalyzer, except in certain circumstances.
If you have ever been at a party or bar with friends, chances are good that the subject of DUIs has come up at some point — specifically, what to do if you are stopped by the police. There are many schools of thought about what you should do, ranging from the downright foolish (sucking on pennies) to the smart (politely declining to answer questions). Yet one question seems to draw the most debate: should you take a breathalyzer test?
As a Riverside DUI defense attorney can explain, a breathalyzer is a type of chemical test that measures the amount of alcohol in your test. Using this measurement, law enforcement can then determine your blood alcohol concentration, or BAC. Based on your BAC, you may be charged with a DUI. Alternatively, your BAC measurement may be used to support a DUI charge if you were driving without the care and caution of a reasonable sober person.
So what should you do: take the breathalyzer or refuse the test? To answer that question, you must first understand a bit about what happens during a DUI stop, as well as California DUI law. According to a Riverside DUI defense attorney, there are two breathalyzer tests that may be administered during a California DUI stop. The first is a roadside breathalyzer test, also known as a preliminary alcohol screening test, or PAS. The second is a post-arrest chemical breath test.
Under California law, the PAS test is utilized to establish reasonable cause to believe that a person was driving under the influence of alcohol. It is essentially used as an investigatory tool to allow a law enforcement officer to determine whether or not you are under the influence of alcohol, much like a field sobriety test. And like field sobriety tests, roadside breathalyzer tests are (usually) optional — in fact, police officers are required to inform drivers that the PAS test is optional and that they have the right to refuse to take the test. However, there is an exception. According to an experienced Riverside DUI defense attorney, if you are currently on DUI probation or under the age of 21, then you are required to submit to a PAS test. Otherwise, you are free to refuse a roadside breathalyzer.
However, if the officer arrests you based on probable cause that you were driving under the influence, then you will be required to take a chemical breath, blood or urine test. California has what is known as an Implied Consent law. Under this law, anyone who drives a vehicle is deemed to have given consent to chemical testing for purposes of determining BAC, if lawfully arrested for suspicion of driving under the influence. In other words, if you are arrested for a DUI, then you are required to submit to a chemical test — breath, blood or (in some cases) urine. If you refuse to a post-arrest chemical test, then you will be subjected to penalties, including a mandatory license suspension, even if you are ultimately acquitted of the DUI charge.
As a general rule, most experienced Riverside DUI defense attorneys will advise their clients to refuse the roadside breathalyzer tests if they are not on DUI probation or under the age of 21. However, if you are lawfully arrested on suspicion of a DUI, then you are required to submit to a chemical test.
If you have been charged with a DUI, the Chambers Law Firm can help. We offer free initial consultations, where we will explain your rights and your options for fighting the charge. Contact us at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or learn more about how we can help.
