Must I Submit To A Blood Or Breath Test?
When you are pulled over by a law enforcement office and investigated for a possible DUI violation, one of the crucial steps you must take is to consult with a qualified DUI attorney.
Their expertise and guidance will provide you with the necessary reassurance and support during this challenging time, ensuring you are not alone in navigating the legal process.
California has a law called the "implied consent" law, which states that if you are licensed to drive a vehicle on the road, you have consented to chemical testing of your blood or breath if you are arrested for DUI.
If you are suspected of driving under the influence, the first test you will be confronted with is the PAS or Preliminary Alcohol Screening test. This test, which measures the alcohol content in your breath, is administered on-site by an officer using a handheld machine to determine if an arrest and further testing are warranted.
There is no penalty for refusing a PAS breath test unless you are under 21 or on probation for a prior 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 Refusal
Once a person is arrested for DUI, they will be taken into custody, and either a breath or blood test will be administered in order to provide evidence of the DUI to be used against them. 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.
This is a serious consequence that underscores the importance of understanding your rights and the potential outcomes of your actions.
This is due to California's implied consent law, which states that if you refuse a chemical test, your license will be suspended. A DUI conviction can also lead to fines, jail time, and a permanent mark on your criminal record, which can affect your employment and personal life.
It's crucial to be aware that there are potential avenues for challenging the accuracy of your blood or breath tests. Blood tests can be inaccurate or performed by unqualified personnel, the blood handled improperly, the sample contaminated, or the protocols not followed precisely. This knowledge can empower you in your defense, giving you a sense of control in a challenging situation.
This knowledge can empower you in your defense, giving you a sense of control in a challenging situation.
Challenging Accuracy
It's crucial to be aware that breath tests can also be administered incorrectly. The equipment may be faulty or not calibrated correctly, and a physical or medical condition may result in a false reading. Understanding these possibilities can help you approach your defense strategy with caution and a keen eye for potential issues.
Speak with a competent DUI defense lawyer at Cron, Israels & Stark. We know how to challenge DUI tests, and in some cases, we can help you get the charges reduced or dropped altogether. This possibility can provide you with a sense of hope and optimism during this challenging time.
A skilled DUI defense lawyer can review the circumstances of your arrest, including the administration of the blood or breath test, and identify any potential issues or inaccuracies that could be used to your advantage.
With a combined legal experience of over 100 years, our team at Cron, Israels & Stark is well-equipped to handle your case. This experience translates to a thorough investigation of blood and breath tests, providing you with the confidence and security you need when facing DUI charges in the Los Angeles area.
We offer a free initial consultation, personal service, and ready availability when you need us. If you have been arrested for DUI and received a blood or breath test as part of your arrest, contact us to review the facts surrounding your case.