According to California’s “implied consent” law, if you
are lawfully arrested by a police officer who has probable cause to believe
that you have been drinking and driving, then you consent to participate
in a chemical test of your breath, blood, or urine to determine your blood
alcohol content (BAC).
The test needs to be taken at the time of the arrest, and the police officer
should provide the choice between a breath or a blood test. But if neither
tests are available, then you have the option of taking a urine test.
In addition, if you have been asked to take a preliminary breath test in
order to determine probable cause, you
do not have to take it. Working just like a field sobriety test, the officer
will use the results to establish probable cause that you were driving
under the influence of alcohol. However, if an officer has another reason
to think you had been drinking, they can still arrest you and force you
to take a BAC test under the implied consent law.
The following are the penalties that will accompany a DUI conviction if
you refuse to take a BAC test in California:
No prior DUIs – 48 extra hours in jail, six extra months of required DUI school,
and a one-year license suspension
One prior DUI conviction (within 10 years) – 96 extra hours in jail and a two-year license suspension
Two prior DUI convictions (within 10 years) – 10 extra days in jail and a three-year license suspension
Three or more prior DUI convictions (within 10 years) – 18 extra days in jail and three-year license suspension
If you have been arrested for a
DUI and refused to participate in BAC testing,
contact our Ventura DUI lawyer and schedule a
free consultation today.