By driving in California, you assumed to have consented to taking a post-arrest chemical test.
Like most states, California takes the crime of driving under the influence (DUI) of alcohol seriously. There are harsh penalties for DUI in California, even for first-time offenses. If you are convicted of or plead guilty to a DUI, you may be sentenced to jail time or probation, in addition to fees and fines, alcohol education classes, community service, and a license suspension.
Many drivers mistakenly believe that they can somehow get around a DUI arrest or conviction by simply refusing to take a blood alcohol test. As a DUI defense lawyer Orange County, CA can explain, it isn’t that simple. California is an “implied consent” state, which means that all drivers on the road are presumed to have given their implied consent to chemical testing if they are arrested on suspicion of driving under the influence. This law applies to all drivers in California, not jus those who hold California drivers’ licenses. If you refuse to submit to a chemical test after being arrested, you could face both criminal and administrative penalties.
Importantly, implied consent laws do not mean that you give up all of your rights. If an officer pulls you over on suspicion of driving under the influence, he or she will conduct an investigation to determine if you are intoxicated. This may include asking you questions, or requesting that you perform field sobriety tests. The officer may even ask you to take a preliminary alcohol screening (PAS) test, more commonly known as a roadside breathalyzer. You do not have to take this test, unless you are under the age of 21 or currently on DUI probation. You also can and should refuse to take field sobriety tests, and to answer questions beyond providing necessary information.
According to an experienced DUI defense lawyer Orange County, CA , implied consent laws only apply to drivers who are lawfully arrested for a California DUI. If a law enforcement officer has probable cause to believe that you are operating your vehicle while under the influence of drugs or alcohol, then he or she will arrest you. From there, you will typically be taken to the police station. At this point, you will be asked to take a chemical blood or breath test. In rare cases, you may need to give a urine sample if you cannot take the blood or breath test. If you refuse this post-arrest chemical test, then you have violated the implied consent law.
If you refuse to take a chemical test, you will generally still be charged with a DUI. In addition, you will be charged with a refusal, which will add mandatory jail time to any sentence that you may receive. A refusal will also result in an automatic one year suspension of your driver’s license.
Understanding the law on California DUIs is important to protecting your rights. If you have been arrested on suspicion of driving under the influence, the Chambers Law Firm can help. Our team of experienced legal professionals is highly skilled at achieving favorable outcomes for our clients. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
