What If I Refuse To Take A Blood Or Breath Test in California?
Should you find yourself in the serious situation of being arrested for DUI and asked to take a blood or breath test, it's crucial to understand that refusing could lead to significant consequences.
Understanding the California “Implied Consent” law is crucial. This law states that when you operate a motor vehicle, you automatically agree to take a blood or breath test if lawfully arrested for a DUI offense. In simpler terms, by driving, you agree to these tests if you're arrested for DUI.
The law says, “A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153.”
Refusal to take a blood or breath test following an arrest for DUI can be construed as an admission of guilt, and if you refuse to take the breath or blood test, you will lose your license for a year, even if the test turns out to be negative.
The state of California has several statutes known as DUI Enhancement Laws that add more penalties to the standard penalties related to a DUI conviction.
The 3-hour rule in California DUI cases is a legal presumption that allows prosecutors to use a chemical test result as evidence of a driver's blood alcohol concentration (BAC) at the time of driving.
Chemical Test Refusals in DUI Cases
Suppose you refuse to submit to a DUI breath test after you were arrested for driving under the influence in California. In that case, you will face legal penalties for a chemical test refusal.
The consequences of a chemical test refusal include:
- Increased penalties above the normal California DUI penalties
- Mandatory driver's license suspension in spite of the outcome of your DUI case.
These consequences are due to California's “implied consent” law, which states that you don't have the right to refuse a DUI breath test after you are lawfully arrested for DUI. The “implied consent law” traditionally applied to both DUI blood tests and breath tests.
Police officers are allowed to request a breath test at two points during a DUI case:
- Before an arrest during a traffic stop, you may be asked to take a PAS test, which is optional. You can refuse this test with no penalty.
- After a DUI arrest, you will be required to take a post-arrest breath test as part of your legal processing. Refusing this test will lead to additional penalties.
- After a DUI arrest, as part of your legal processing. This is a breath test required by law. If you refuse to comply, you will face additional penalties.
Guidance from a DUI Lawyer
Given the complexities of DUI laws and the potential consequences of refusing a blood or breath test, it's crucial to seek the guidance of a skilled DUI defense lawyer.
They can provide expert advice, develop a strong defense strategy, and ensure your rights are protected. A lawyer can also challenge the legality of the stop and arrest, the accuracy of the tests, and the conduct of the officers, potentially leading to a reduction in charges or a dismissal of the case, giving you hope for a favorable outcome.
There are avenues one can approach in defending an individual who has refused a blood or breath test upon their DUI arrest. For instance, the arresting officer would have to show that they had “reasonable suspicion” that you were, in fact, driving under the influence of drugs or alcohol.
In addition to the proof necessary to justify that a stop for DUI was warranted, how the officer handled the arrest and what was said or not said can play an important role in the outcome of your court appearance.
California Vehicle Code 23572 VC imposes increased penalties if you drive DUI with a child under the age of 14 in the vehicle.
Learn How We Can Help You
At Cron, Israel & Stark, we have the expertise needed to thoroughly investigate the details that matter in the defense of your case. In your initial free consultation, we will review the details with you and help you to map out achieving the best outcome possible, providing you with the reassurance you need during this challenging time.
Our office has the experience to do what we can to protect you throughout your case and will do everything possible to pursue avenues of defense aggressively.
Refusing blood or breathing during a DUI arrest takes knowledge and skill to defend. Call us to review the issues and ensure the most favorable outcome possible.