California treats the offense of driving while intoxicated (DUI) severely, as do the majority of other states. Even for first-time offenders, DUI in California carries severe consequences. In addition to penalties and fines, alcohol education programs, community service, and a license suspension, a DUI conviction or guilty plea may result in jail time or probation.
Keep reading to learn about the subject of implied consent. If you have been charged with a DUI, contact a criminal defense attorney by calling Chambers Law Firm at 714-760-4088 for a free legal consultation.
Can you refuse to submit to a blood alcohol test?
Many motorists wrongly think that avoiding a DUI arrest or conviction by merely refusing to submit to a blood alcohol test is possible. It’s not that easy. Due to the fact that California is an “implied consent” state, all motorists who are detained on suspicion of DUI are assumed to have provided their consent to a breathalyzer test.
Not only those who have California driver’s licenses, but all drivers in California are subject to this legislation. After being arrested, you may be subject to both criminal and administrative consequences if you refuse to submit to a chemical test.
You do not give up all rights under implied consent
Implied consent rules do not mean that you give up all of your rights, which is important to note. If you are stopped by an officer on suspicion of DUI, the officer will look into your situation to see if you are inebriated. This can entail questioning you or requesting that you take a field sobriety test.
The policeman could even request that you submit to a roadside breathalyzer, often known as a preliminary alcohol screening (PAS) test. Except if you are younger than 21 or are presently on probation for a DUI, you are not required to take this exam. Additionally, you are free to decline taking field sobriety tests and answering any questions that go beyond what is necessary.
Implied consent only applies if you are arrested
Implied consent rules only apply to drivers who are legitimately detained for a California DUI. A law enforcement officer will make an arrest if they have reason to think that you are driving while under the influence of alcohol or drugs. You will normally be driven to the police station from there. You will then be required to submit to a chemical blood or breath test.
Occasionally, if you cannot submit to the blood or breath test, you may be required to provide a sample of your urine. If you decline to submit to this post-arrest chemical test, you have broken the law on implied consent.
You can face DUI charges even if you refuse a chemical test
Even if you refuse to submit to a chemical test, you will often still face DUI charges. You will also be charged with a refusal, which will increase any possible punishment and add obligatory jail time to it. Your driver’s license will be automatically suspended for a year if you refuse.
Contact an attorney if you are facing DUI charges
It’s critical to comprehend California’s DUI laws if you want to safeguard your rights. Chambers Law Firm can assist if you have been detained on suspicion of driving under the influence. Our team of seasoned legal experts excels in obtaining good results for our customers. For a free first consultation, call us at 714-760-4088 or email dchambers@clfca.com right now.
