Learn the truth about your rights when it comes to chemical tests in DUI cases.
Between friends, family and television shows, you may think that you have a good idea of what your legal rights are when it comes to being arrested for a DUI. But rumors aren’t fact, and TV doesn’t always get it right. Here is what you need to know about submitting to a chemical test — straight from a Los Angeles County DUI attorney.
What Is A Chemical Test?
There are two categories of chemical tests, defined by when they are administered. Before you are arrested, a police officer may ask you to take a chemical test in the form of a roadside breathalyzer exam. This is known as a preliminary alcohol screening, or a PAS breath test. After you are arrested, the police will ask you to take a chemical blood, breath or urine test. No matter when these tests occur, they are designed to measure the amount of alcohol in your blood at the time, known as your blood alcohol content or BAC. However, the legal consequences of refusing to take chemical tests vary significantly depending on whether the test is administered before or after your arrest.
Pre-Arrest Chemical Tests
Before you are arrested and are just being investigated for driving under the influence, you do not have to submit to a PAS breath test — unless you are under age 21 or currently on DUI probation. If you are over 21 and not on DUI probation, you can refuse to submit to a roadside breathalyzer test. You can also refuse to perform field sobriety tests. Neither of these refusals will result in additional legal consequences. Most Los Angeles County DUI attorneys would recommend that you exercise your right to refuse to submit to these tests. However, if you are under 21 or on DUI probation, a refusal to submit to a pre-arrest breath test can have signifiant consequences, including a license suspension or your probation being revoked.
Post-Arrest Chemical Tests
After you are arrested for a DUI, the landscape changes significantly. If you refuse to take a post-arrest chemical test, your license will automatically be suspended. California law has an implied consent provision, which means that drivers who are lawfully arrested on the suspicion of driving under the influence of alcohol or drugs have consented to having a chemical test of their blood or breath to determine their BAC. A refusal to take a blood, breath or urine test after you are arrested can lead to additional penalties.
The post-arrest chemical test must be given at the time that you are arrested, and you will have a choice between a blood or breath test. Under a recent United States Supreme Court ruling, the police have to obtain a warrant to get a blood test. They do not need a warrant for a breath test.
If you refuse to take a chemical test after a DUI arrest, you will face serious legal consequences. For a first-time DUI offense, your license will automatically be suspended for a period of one year. For a second-time offense or second refusal, you will lose your license for two years. If it is your third refusal or if you have had two or more DUI convictions within the past 10 years, you will lose your license for a period of three years. You will also be required to pay a $125 fine in addition to the other penalties and fines that you may be assessed. You may also be subject to enhanced DUI sentencing, including additional jail time and DUI classes.
There is no real benefit to refusing to take a post-arrest chemical test. As a skilled Los Angeles County DUI attorney will tell you, the prosecutor can still introduce other evidence to prove that you were intoxicated — and even argue that you refused to take the test because you knew that the test would show your intoxication.
At the Chambers Law Firm, we have years of experience handling DUI cases. We will analyze the facts of your case to determine the best possible defense to your DUI charge, including how to handle a refusal to submit to a chemical test. If you need a Los Angeles County DUI attorney, contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
