Things To Know When Facing A DUI Trial: Implied Consent in California
If you’ve been arrested for driving under the influence (DUI) in California, you may have heard the term “implied consent”. Understanding what implied consent means and how it affects your case is extremely important for anyone facing DUI charges.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
What is Implied Consent?
California’s implied consent law is codified in Vehicle Code Section 23612(a)(1)(A). Under this statute, any person who drives a motor vehicle in California is deemed to have automatically given consent to chemical testing of their breath or blood to determine alcohol content if they are lawfully arrested for driving under the influence.
This means that simply by getting behind the wheel and driving on California roads, you’ve legally agreed to submit to chemical testing if arrested for DUI. This consent is “implied” because it doesn’t require your explicit verbal agreement – it’s automatically assumed based on your decision to drive.
How Implied Consent Works in Practice
When you’re arrested for DUI in California, law enforcement officers will typically ask you to submit to either a breath test or blood test. Under the implied consent law, you are legally obligated to comply with this request.
California law provides additional protections when you’re arrested for driving under the influence of drugs or a combination of drugs and alcohol. According to Vehicle Code Section 23612(a)(2)(B), if you’re lawfully arrested for driving under the influence of drugs or a combination of drugs and alcohol, you must be advised that you have the choice of submitting to either a blood test or breath test.
Important Considerations for Breath Tests
If you choose to take a breath test, there are important limitations you should know about. Under Vehicle Code Section 23614(a), if breath testing is chosen, you must be advised that no breath sample is retained and no breath sample will be available for later analysis.
This warning is significant because it means that if you take a breath test, there will be no physical sample that your defense attorney can later have independently tested or analyzed. With blood tests, a portion of the sample is typically preserved, allowing for potential retesting or independent analysis that could benefit your defense.
Consequences of Refusing Chemical Testing
While implied consent means you’ve legally agreed to testing, you can still physically refuse to take a breath or blood test. However, refusing testing comes with serious consequences, including:
- Automatic driver’s license suspension
- Additional criminal charges for test refusal
- Enhanced penalties if convicted of DUI
- 1 year “hard suspension”, meaning no eligibility for a restricted license during that year. No driving at all.
Defense Strategies Related to Implied Consent
Despite the broad application of implied consent law, there are several defense strategies that an experienced DUI attorney might employ:
Challenging the Lawfulness of the Arrest: Implied consent only applies when you’ve been “lawfully arrested.” If the initial traffic stop or arrest was unlawful, the implied consent requirement may not apply.
Procedural Violations: While courts have been lenient, significant failures to follow proper implied consent procedures might still provide grounds for challenging evidence.
Timing Issues: There are specific timeframes within which chemical tests must be administered for results to be admissible.
Equipment Calibration and Maintenance: Challenging the accuracy and reliability of testing equipment can be an effective defense strategy.
How Our Criminal Defense Firm Can Help
Facing DUI charges involving implied consent issues requires experienced legal representation. Our criminal defense attorneys understand the complexities of California’s implied consent laws and how they interact with constitutional protections and DUI defense strategies.
We thoroughly investigate every aspect of your case, including whether proper implied consent procedures were followed, whether your arrest was lawful, and whether the chemical testing was conducted properly. Our attorneys examine the specific circumstances of your case to identify potential violations of your rights and develop effective defense strategies.
We also understand that every DUI case is unique. Whether you submitted to testing or refused, whether you were arrested for alcohol or drugs, and the specific procedures followed by law enforcement all affect your case. Our team works diligently to protect your rights, challenge improperly obtained evidence, and fight for the best possible outcome in your case.
Don’t face DUI charges alone. Contact our experienced criminal defense team today to discuss your case and learn how we can help protect your rights and your future.
Contact Wallin & Klarich Today
If you are facing DUI charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
