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Under the ‘Implied Consent Laws’ in the State of California, if you are arrested for a DUI, you are required to choose between a breath test or a blood test. If for some reason you cannot take either test, then a urine test can be conducted. A urine test is usually only administered if there are certain medical conditions involved or drug use is suspected and a blood test is not a viable option. The state considers the application and receipt of a California driver’s license consent to be subject to toxicology tests like BrAC, BAC, or urinalysis.
The implied consent laws, are meant to allow the arresting officer to gain probable cause by giving access to your BAC or blood alcohol content. These tests are meant to give the officer reason to either arrest you or not depending on the chemicals found in your bloodstream. Just by driving in California, you have given consent to DUI testing for one’s BAC levels if you are arrested for a DUI.
The implied consent laws also state that if you have not been arrested, the officer should give you the option to decline taking the preliminary test, which is usually a breathalyzer test. Under this law, you do not have the right to refuse a DUI breathalyzer test once you have been arrested for a DUI. Declining to take the test could, however, work against you because if the officer manages to get a warrant for your arrest for a different reason. Then you will be forced to take the test and you are likely to face harsher penalties if it is discovered that you have consumed alcohol or other illegal substances. However, there may also be good reasons to wait and take the blood test as opposed to the breath test. Each case is different.
Some defenses that are used to fight the consequences of refusing to take a DUI test include insisting that your arrest was unlawful, the officer did not clearly advise you of the consequences that would have taken place if you were to refuse the test, or that you only refused as a result of an injury unrelated to the happenings of the DUI.
Penalties for Refusing to Take a DUI TestSome of the penalties for refusing to take a blood, breath or urine test can be found in Sections 13353 and 14905 of the California Vehicle Code.
On your first DUI offense, if you refuse to take the DUI test, then your license can be automatically suspended for a year. If it is your 2nd offense then you face a 2-year license suspension and if it is your third offence, then you face a 3-year license suspension. Refusing to take a DUI test can result in increased penalties added onto the existing consequences for the original California DUI and also a driver’s license suspension that will occur regardless of whether or not you are found guilty of a DUI conviction or not.
If an investigating agency has accused you of refusing to provide your BAC, contact Johnson Criminal Law Group today to discuss your case. Our criminal defense attorneys handle DUI cases and can get you a great outcome if you call now. Don’t wait!