Driving under the influence (DUI) is a serious offense in California, carrying penalties such as jail time, fines, license suspension, and mandatory education programs. Many drivers mistakenly believe they can avoid a DUI conviction by refusing to take a blood alcohol test, but California’s implied consent law makes this strategy ineffective and can lead to even harsher consequences.
Here’s what you need to know about implied consent, chemical testing, and your rights if arrested for DUI. Contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.
What Is Implied Consent?
California’s implied consent law presumes that by driving on state roads, all drivers agree to undergo chemical testing if lawfully arrested on suspicion of DUI. This testing—typically a blood or breath test—is used to determine blood alcohol content (BAC) or the presence of drugs in your system.
Key Points About Implied Consent
- It applies to all drivers, not just California license holders.
- It is only enforceable after a lawful arrest based on probable cause.
- Refusing a post-arrest chemical test triggers additional penalties beyond a DUI charge.
What Happens During a DUI Stop?
When an officer suspects you of DUI, they will conduct an investigation to determine whether you are intoxicated. This investigation may include:
- Questioning: Officers may ask where you’ve been or if you’ve been drinking.
- Field Sobriety Tests: Tasks designed to assess physical and cognitive impairment.
- Preliminary Alcohol Screening (PAS): A roadside breathalyzer test.
Your Rights During a DUI Stop
You are not required to submit to field sobriety tests or a PAS test unless:
- You are under 21 years of age.
- You are currently on DUI probation.
Outside of these exceptions, you can politely decline these tests, which often provide evidence for probable cause. However, refusing a post-arrest chemical test after being taken into custody is a violation of implied consent law.
Refusing a Chemical Test After Arrest
Once arrested for DUI, the implied consent law requires you to submit to a chemical blood or breath test. In rare cases, a urine test may be required if neither of the other options is feasible.
Consequences of Refusing a Chemical Test
If you refuse to comply with a post-arrest chemical test, you face additional penalties, including:
- Mandatory Jail Time: Refusal adds time to any jail sentence imposed for the DUI.
- License Suspension: An automatic one-year suspension of your driver’s license.
- Impact on Court Proceedings: Refusal may be presented as evidence of consciousness of guilt, complicating your defense.
Protecting Your Rights During a DUI Case
While implied consent laws impose certain obligations on drivers, they do not eliminate all of your rights. If you’re arrested for DUI, it’s important to work with a skilled attorney who can:
- Challenge whether the arresting officer had probable cause.
- Review whether proper procedures were followed during the arrest and testing.
- Present a strong defense against the DUI and refusal charges.
Why You Need Legal Representation
DUI charges and refusal violations can have lasting consequences on your record, driving privileges, and future opportunities. An experienced attorney can evaluate the details of your case, identify potential defenses, and negotiate for reduced penalties or case dismissal when possible.
Speak to an Experienced DUI Defense Attorney
Implied consent laws are just one aspect of California’s complex DUI legal framework. If you’ve been arrested on suspicion of DUI or face penalties for refusing a chemical test, you need an attorney who understands the nuances of DUI defense.
Contact Simmons Wagner, LLP at (949) 439-5857 to schedule a free consultation. Our team will protect your rights, build a strong defense, and work toward the best possible outcome for your case.