Circumstances Around Refusing to Perform a Chemical Test
Implied consent in California makes the educated assumption that all drivers know they will be subject to a breathalyzer test – a chemical test – if they are arrested by an officer due to an alleged DUI offense. Therefore, when a police officer stops you and then decides to arrest you, you have technically already consented to the chemical test by the very fact that you are driving on California roads. This article will examine the law surrounding refusing a chemical test following an arrest for a DUI charge. If you have any questions regarding the law, please contact us at Law Advocate Group.
Refusing a Test After an Arrest
You can be asked to submit a chemical test before being arrested and/or after the arrest. If you refuse a test after being arrested, you face additional criminal penalties. This is a separate issue from your actual DUI arrest. The prosecution (and police officers) must have evidence regarding your DUI, but if they would like to add additional penalties for refusing a test, they can prove this occurred. It’s important to note here that if you believe your original DUI arrest was unlawful or legally inaccurate, you still have to take the chemical test post-arrest. The latter can be challenged once the former is also challenged in court. However, this is not something you can prove on the spot with an officer. Instead, refusal will only lead to more issues in the present.
Penalties for Refusing
If the original DUI arrest was not unlawful and you refused a chemical test post-arrest, you can face additional jail time and license suspension. The amount and severity of the two depends on the circumstances of the case and the prior DUI history of the defendant. The increased penalties can range from simply extra hours in jail to multiple days. Furthermore, the minimum level of license suspension is for one year. Therefore, in order to avoid these additional penalties on top of the DUI ones, it is important you do not refuse the test post-arrest. However, we are committed in providing a defense for all and we will provide you with experienced counsel, regardless of the circumstances. Please contact us today for more information.
