What Happens if I Refused Breath or Blood Tests?
Help Your Case—Don't Refuse
If you are arrested for a
DUI in the state of California, by law you are required to take a breath or
blood test. The state's law of "implied consent" says that
a police officer has a right to ask for a blood, breath, or urine test
if you have been lawfully arrested and the officer suspects you have were
driving under the influence. While you have the option of testing your
blood or your breath, you must be tested.
What Are the Penalties for Refusing?
Essentially, refusing to take a test can result in the suspension of your
license, as well as serious fines. Your first refusal will result in its
suspension of one year and an additional year for each additional refusal.
A fine is also involved each time you refuse of $125.
Refusing to take a chemical test will not help your chances of avoiding
conviction. Even though by refusing, the state has no way to prove your
blood alcohol was over 0.08%, the prosecution can argue that you refused
because you were sufficiently intoxicated.
Can I Fight the DUI Refusal Charges?
Though you can fight your own case, you should have an experienced DUI
lawyer to advise you along the way since the laws can be confusing. With
such a solid defense at your side, together with your attorney you can
fight to reduce your charges or have them dropped entirely.
A qualified DUI attorney from our firm may use the following to argue your case:
- Unlawful DUI arrest—If it can be proven that there was no lawful
reason for a police officer to pull you over or arrest you in the first
place, any charge of refusing to take a breath or blood test will most
likely be dropped.
- Failure to inform—The officer arresting you is required to inform
you of the consequences of refusing a Breathalyzer test. An attorney can
attempt to have the charges dropped if they neglected to tell you about this.
Attorney Arant is Ready to Fight for You
Having an attorney from The Law Offices of Adam Allen Arant, Esq. can help
your chances of getting your charges dropped, even if you refuse to take
a breath or blood test for DUI.
Call our firm today and speak with us so we that we can provide you with the information you
need to be aware of all of your legal options.
For answers to other DUI related questions,