When faced with a DUI stop in California, drivers often wonder about their rights regarding field sobriety and breathalyzer tests. Understanding the legal framework, specifically the implied consent law in California, is crucial for any driver. Here’s a breakdown of what the law entails and what you can expect if you decide to refuse a breathalyzer test.

Contact Simmons Wagner, LLP at (949) 439-5857 if you are being faced with a DUI charge and require a free legal consultation.

What Does Implied Consent Mean?

In California, when you obtain your driver’s license, you agree to the implied consent law. This law states that by choosing to drive on California roads, you consent to submit to breathalyzer or other chemical tests if you are pulled over under the suspicion of driving under the influence (DUI).

Breathalyzers: Purpose and Reliability

Breathalyzers are designed to measure the blood alcohol concentration (BAC) in your system. If your BAC reads 0.08% or higher, you are above the legal limit and can be arrested for DUI. However, it’s important to note that these tests are not infallible and can sometimes yield inaccurate results.

Conditions for Breathalyzer Testing

Police officers are only permitted to administer a breathalyzer test under certain conditions:

• You have been legally pulled over.
• There is probable cause to suspect you are under the influence, which can arise from:
  • Speeding or erratic driving
  • Visible signs of fatigue
  • Slurred speech or the smell of alcohol
  • Failed field sobriety tests
  • Admission of alcohol consumption

Consequences of Refusing a Breathalyzer

Refusing a breathalyzer test can lead to severe repercussions, especially under California’s implied consent law. Here are the potential outcomes of such a refusal:

Immediate Legal Consequences

If you refuse to take a breathalyzer test, this act can be used against you in court. The refusal itself can lead to additional penalties beyond those associated with a DUI charge.

License Suspension

Refusing a breathalyzer when lawfully requested by an officer can result in an automatic suspension of your driver’s license for up to one year. If you have a prior DUI conviction within the last ten years, the suspension could extend to two years.

Navigating DUI Charges with Legal Assistance

Given the complexities surrounding DUI charges and the specific nuances of implied consent, having a skilled attorney is crucial. A knowledgeable DUI lawyer can help you:

• Understand your rights and the implications of the implied consent law.
• Assess the legality of the traffic stop and the administration of the breathalyzer test.
• Challenge the accuracy of the breathalyzer results.
• Argue against the legality of the probable cause used to administer the test.

How Simmons Wagner, LLP Can Help

At Simmons Wagner, LLP, we specialize in defending clients against DUI charges and dealing with the complexities of California’s DUI laws. Our experienced attorneys are ready to provide you with a robust defense and ensure that your rights are protected throughout the legal process.

Get Expert Legal Representation

If you’re facing a DUI charge in California, or if you’ve refused a breathalyzer test and are unsure of the next steps, contact Simmons Wagner, LLP at (949) 439-5857 today. We offer a free case evaluation and are dedicated to helping you navigate through this challenging time with confidence and clarity. Let us help you find the best possible outcome in your case.