In a recent ruling, the United States Supreme Court held that the police do not need a warrant for a chemical breath test — and that you can be charged with a crime for refusing one.
In late June, the United States Supreme Court released its ruling on an issue that the Chambers Law Firm had been following closely: whether a person can be legally prosecuted for refusing to submit to a chemical breath test. In a split decision, the Supreme Court found that the police do not need a warrant for chemical breath tests — and so it is legal for states to make it a crime to refuse a breath test.
Refusing a Breath Test in California
California is one of the thirteen states in the country that makes it a crime to refuse to take a chemical breath test. Under California law, if you are convicted of refusing to take a breath test, you may face additional penalties and a much longer suspension of your license (one year for the first time you refuse to take a breath test).
This is because California has what is known as an implied consent law. If you drive a vehicle, you are presumed to have consented to a breath or blood test if you have been arrested for a DUI. You are required by law to give a breath or blood sample, and can be punished for refusing to take one. Importantly, you are not required to give a breath or blood sample before you are arrested.
The Consequences of the Supreme Court Ruling
Under the Supreme Court ruling, chemical breath tests are minimally invasive since they only require you to blow into a machine. They do not implicate the same privacy concerns as a blood test, which require the use of a needle to pierce your skin and gives the government a biological sample. For this reason, the police need a warrant to obtain a blood sample, but not a breath sample.
This ruling may make part of California’s implied consent law unconstitutional, as it makes it a crime to refuse either a blood or a breath test. Because the Supreme Court has now ruled that the police need a warrant to take a chemical blood sample after an arrest for DUI, this part of the law may be overturned. If the only available option is a blood test, it appears that the police will have to get a warrant in order to legally take your blood. However, it is still an offense to refuse to take a chemical breath sample. If you refuse to submit to a chemical breath test after you have been arrested for a DUI, you could face additional charges.
DUI defense cases require in-depth knowledge of the laws and court rulings regarding chemical tests, warrants blood alcohol content and more. A Newport Beach DUI lawyer can work with you to determine if you have any legal or factual defenses to your case, and may be able to have your charges reduced or dismissed. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation about your Newport Beach DUI case.
