What Happens When You Refuse to Take a Breathalyzer or Blood Test?
If you have ever passed through a DUI checkpoint or been pulled over on suspicion of drunk driving, you have probably wondered if you are required to submit to a blood or breath test.
The truth is that you are not required to take a portable breath test (or PAS test) during a DUI stop, but you face some consequences if you choose to do so.
California DUI Laws and “Implied Consent”
In California, if you have a driver’s license, then you have already consented to provide a blood or breath test if you are arrested for DUI. That means your consent is implied. If you refuse to take a blood or breath test upon being arrested, you could face additional penalties.
Under California Vehicle Code Section 13353, if an officer has probable cause to arrest you and you refuse to submit to a blood or breath test, you face an automatic one-year license suspension and you will be required to attend a nine-month DUI program. These penalties are in addition to those that you face for DUI.
It is important to know that the implied consent law does not require you to submit to a hand-held Breathalyzer test during a DUI stop. This often occurs before you are actually arrested. Police will ask you to submit to a “preliminary alcohol screening.” You have a legal right to refuse to take this test and you will not be subject to any consequences if you do so. However, you could be placed under arrest, and then you will have to submit to a blood or breath test.
Should You Refuse to Take a Blood or Breath Test?
So, should you refuse to take a blood or breath test during a DUI stop? In most cases, the answer is no. In all likelihood, the officer will have probable cause to place you under arrest and require you to take a blood or breath test under the implied consent law.
Refusing to take a blood or breath test is not likely to aid in your defense against DUI charges. In fact, your refusal to submit to a test could be used against you in court. If you submit to a test, your DUI attorney may be able to challenge the results as part of your defense.
Call the DUI Defense Attorneys at Wallin & Klarich Today
If you have been arrested for a DUI, you need to contact a skilled DUI defense attorney right away. At Wallin & Klarich, our DUI lawyers have been successfully defending our clients against DUI charges for over 40 years. We’ve helped thousands of clients in their time of legal need, and we can help you now.
With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, West Covina and Victorville, there is an experienced Wallin & Klarich DUI attorney available near you no matter where you work or live.
Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will be there when you call.
