In California, the law requires drivers to take a breath test if the police suspect them of driving under the influence (DUI). Understanding your rights and the consequences of refusing a breath test can help you make informed decisions.
Implied consent law
California’s implied consent law means that by obtaining a driver’s license and driving, you agree to take a breath, blood, or urine test if suspected of DUI. This applies to all drivers with a valid license.
Understanding your rights
During a traffic stop, you have the right to refuse preliminary alcohol screening (PAS) tests, which are handheld devices used before an arrest.
However, if you do so, you will likely be arrested, and after the police arrest you, you must take a blood, urine, or breath test. Further refusing these tests after arrest leads to more severe consequences.
Consequences of refusal
Refusing an alcohol screening test can lead to legal consequences. If you refuse a breath test in California, you face immediate penalties. For instance, the DMV will automatically suspend your driver’s license for one year for a first offense.
With previous DUI convictions or refusals, the suspension period increases. Additionally, refusing a breath test can result in fines and impact your criminal case.
Legal implications
Refusing a breath test can complicate your legal situation, as prosecutors may use your refusal as evidence of guilt in court. They can argue that you refused the test because you knew you were over the legal limit. This can lead to harsher penalties if you are convicted.
Making informed decisions about breath tests
You have the right to refuse a breath test, but it carries consequences. Understanding the implied consent law and its legal implications can help you navigate a DUI stop and the aftermath. Always consider the impact of refusing a breath test before deciding to do so.