Getting pulled over on suspicion of driving under the influence is an intimidating experience. Between the flashing lights and the officer’s questions, most drivers have no idea what they’re legally required to do and what they can refuse.
One aspect of this situation that catches many people off guard is California’s implied consent law, which carries real consequences that every driver in the state should understand in advance. Continue reading to learn more so that you can protect your legal rights.
How Implied Consent Works in California
California’s implied consent law can be found in Vehicle Code Section 23612. This statute means that anyone who drives on California roads has already agreed to take a chemical test if they are arrested for a DUI. So, if an officer has probable cause to believe you are impaired and places you under arrest, you are legally required to submit to a breath or blood test.
It is important to note that implied consent applies only after a lawful arrest has been made. The preliminary breath test that an officer may ask you to take during the traffic stop, before any arrest, is generally voluntary for most drivers. However, once you have been placed under arrest for DUI, the legal obligation to submit to testing kicks in.
What Happens if I Refuse a Chemical Test?
Refusing a required chemical test under the implied consent law triggers a separate set of penalties on top of any DUI charges you may already be facing. These consequences come from the Department of Motor Vehicles rather than the court system.
A first-time refusal results in a one-year administrative suspension of your driver’s license. If you have a prior DUI offense or a previous refusal on your record within the past ten years, the suspension period increases to two years. A third or subsequent offense can lead to a three-year revocation.
Beyond the license suspension aspect, refusing a test can also hurt you in court. Prosecutors are allowed to tell a jury that you refused testing, and that refusal can be used as evidence suggesting you believed you were intoxicated. Judges may also impose enhanced sentencing if you are ultimately convicted of DUI after a refusal.
Are There Any Exceptions To Implied Consent?
California’s implied consent law does have some limits. For example, if the arrest itself was made unlawfully in some way, then the obligation to submit to testing may not apply. A criminal defense attorney may be able to challenge the penalties you’re up against when this is the case.
Drivers who have certain medical conditions that prevent them from providing a breath sample may also be able to request an alternative form of testing. The law requires that the officer offer a reasonable choice between breath and blood testing in most situations.
However, because not everyone will be eligible for this option, it’s best to get legal advice before assuming you qualify.
Contact an Oakland DUI Defense Lawyer with the Law Office of Nabiel C. Ahmed for Legal Help if You’re Facing Charges
A DUI arrest involving an implied consent issue can affect your future dramatically. If you have recently been charged with this offense in California, contacting a criminal defense lawyer for help right away is a good idea.
It may still be possible to fight back against the prosecution and secure a favorable outcome. Contact the Law Office of Nabiel C. Ahmed at (510) 271-0010 to schedule a consultation with an Oakland DUI defense attorney. We have convenient locations in Oakland and San Ramon, California.
Law Office of Nabiel C. Ahmed – Oakland
1305 Franklin St #411, Oakland, CA 94612
(510) 271-0010
We are available 24/7
