You are not required by law to submit to the breathalyzer test that the officer offers you at the scene. We almost always suggest that our clients refuse to submit to the test at the scene. There is no legal penalty for refusing to do so and if in fact you are at .08 or above then they will not have that evidence to use against you. On the other hand if you had NOTHING to drink at all then it would probably be a good idea to submit to the test as it likely will read zero which is what you want.
However, you must legally submit to a blood or breathe test at the station. If you refuse to do so then the DMV will suspend your license for one year regardless of whether you ultimately are found guilty of a DUI.
If a person has many prior DUI’s he is facing a lengthy jail sentence if convicted. The person must take this into consideration in deciding whether to consent to the blood or breathe test at the station.
AUTHOR: Paul Wallin
Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney.
Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.
If you or a loved one have been accused of a crime, this is the time to contact us.
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