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 defenses 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, click here.