If you refuse a breathalyzer test, you will likely face serious consequences. For example, if an officer stops you and believes you are drunk and you refuse to be tested to determine your blood alcohol level, you may have your licence suspended or even be sentenced to jail. In most cases, you cannot be forced to take a DUI chemistry test without a warrant. There is no penalty for refusing to take a BREATHAlyzer test NOT unless you are under the age of 21 or on probation for a previous conviction for drunk driving.3 Refusal to follow the officer`s instructions in any way constitutes a refusal to test the chemical test. There are essentially two possible consequences of refusing to have a blood or breath test in California after arrest. Even if your chances of convincing the ALJ are slim, the hearing process extends the time it takes before a mandatory driver`s license ban comes into effect. Until the ALJ regulations are met, you are free to continue driving with your temporary license. However, once a suspension comes into effect, you usually lose your ability to drive legally for 180 days. In some cases, a refusal under the Implied Consent Act may result in a much longer 2-year suspension of driver`s licences.
This civil penalty applies if you have had at least one “alcohol or drug contact” in the 10 years prior to your current arrest by DWI. A “contact” doesn`t just involve a previous DWI conviction – if you`ve previously rejected or failed a breathalyzer test, it will also count against you. Note that police in some counties – including Ventura and Orange counties – use the Evidenceial Portable Alcohol System (“EPAS”) to conduct breath tests after arrest. This device is based on the same Draeger Alcotis device used by some police services for preliminary investigations. However, the EPAS can be connected to a printer via a hard line or blue tooth. Common impaired driving defences that you may be able to use to combat penalties for refusing to take a breath or blood test while intoxicated include: In the same decision, the Supreme Court distinguished between blood tests and breath tests. The court noted that a breath test does not require the police to obtain an arrest warrant, but a blood test does. The judges held that measuring a person`s breathing was not as intrusive as taking a blood sample and therefore “does not raise significant privacy concerns.” In summary, you are free to refuse a breathalyzer test, and the police must respect this decision, but this may not prevent them from receiving your bin. The extended penalties for rejecting chemical tests are as follows: And again. If the test procedure was incorrect, we can challenge the results later. It is more difficult to challenge a refusal to chemical test dui. Remember that the Tacit Consent Act only applies after being legally placed under arrest.
If the police request a “roadside breathalyzer” or roadside sobriety test before an arrest, you are free to refuse without civil or criminal penalties. And even after your arrest, the police must inform you of your rights under the law of implied consent. However, a deliberate failure to complete a chemical DUI test in California constitutes a chemical refusal.28 And if your case goes to court, the judge will tell the jury that (although they are not required to do so) they may conclude that you refused the test because you knew you were guilty of DUI.29 In addition, Certain conditions can lead to incorrectly high blood alcohol levels on a DUI breath test. For example, if the agent thinks that the results of your drunk breath test are not reliable, you may need to have a drunk blood or urine test. The chemical test refusal warning must also be clear and unambiguous. If this is not the case, it may justify your rejection. If you drive a motor vehicle, you will be deemed to have consented to chemical tests of your blood or breath for the purpose of determining the alcohol content of your blood if you have been lawfully arrested for an impaired driving offence committed in violation of VC 23140, 23152 or 23153. The officer notices that you seem confused and asks you to do sobriety tests on the spot. You agree. But it confuses your stroke symptoms — difficulty walking, vomiting, and confusion — with DUI. It stops you and asks you to take a DUI chemistry test.
You refuse. If you or a loved one in Southern California has been charged with a DUI, you should speak to one of our experienced DUI attorneys. Access to chemical blood tests is crucial to prepare the most effective defense for your case. If you keep our office, our lawyers will carefully review the results of the blood or alcohol chemical test you have undergone, and we will determine whether the test was performed appropriately. You may, at your own expense, have one of the persons listed above or another person of your choice performed in addition to a test performed on the instructions of a police officer to determine the amount of alcohol in your blood. Now, you may be thinking, “Sure, but without the results of a breathalyzer test, how can the prosecution even prove I was drunk.” It is true that breathalyzer results are often critical evidence in a DWI case. But strictly speaking, the prosecution does not necessarily have to prove the exact blood alcohol level of an accused. In criminal law, there are two ways to prove if someone is drunk: the respirator is calibrated to support measurements for dui-chemical tests on deep lung air, which is BAC`s most reliable indicator.14 To get enough deep lung air to report a valid result, a minimum volume of air is required. You are not legally exempt from a DUI chemistry test if you are injured, unconscious, or dead.24 After being placed under arrest, you cannot refuse a DUI breath test without consequences under California`s “implied consent” law. This is true even if you`ve already had a preliminary alcohol test (PAS).6 While the concept of “rejecting” a DUI chemical test may seem simple, it really isn`t. There are a variety of situations that can unknowingly be interpreted as rejection.
You are exempt from a blood test if you have hemophilia. If you have heart disease and are taking an anticoagulant under the direction of a licensed doctor or surgeon, you will be exempt from the blood test. You will be advised that your failure to undergo or fail to complete the required chemical tests will result in the following: The D.A. may also reject the fee for the rejection of chemical tests while maintaining the DUI fee. Alcohol usually dissolves from the mouth in 15-20 minutes. For this reason, Title 17 of the California Code of Regulations requires a 15-minute observation time before a DUI breath test can be performed.18 As a result, many California law enforcement agencies have stopped taking blood by force in misdemeanor cases.40 You will only take your blood by force for a DUI chemical test if you suspect you have committed a California DUI crime. and an arrest warrant cannot be obtained quickly. .
