Some people believe that one way to avoid being arrested for DUI if they are stopped by police is to simply refuse to take the breath, blood or urine test that is used to measure Blood Alcohol Concentration (BAC) levels. After all, if the police do not know a driver's BAC, how can they know whether the driver was over the legal limit of 0.08 percent BAC?
The problem however, is that the state of California, like other states, has implied consent laws that penalize drivers for refusal to cooperate with police for chemical testing. California drivers should understand what the state's implied consent law is as it relates to driving as well as the penalties for violating these laws.
What Is Implied Consent?
As a condition to obtaining a driver's license in California, drivers must agree to submit to a breath, blood or urine test if stopped by a police officer for suspicion of DUI. Essentially, when a driver is pulled over, he or she has given "implied consent" to the tests.
The forms a person signs when getting a driver's license contain information about the implied consent laws.
How Does Implied Consent Affect Those Suspected Of DUI?
If a person chooses to refuse to take a chemical test when arrested for suspicion of DUI, he or she faces serious penalties. A person charged with DUI goes through two proceedings: criminal and administrative.
The administrative proceedings govern the suspension of a person's driver's license. Even if a person is found not guilty of DUI in the criminal proceedings, the California DMV will automatically revoke his or her driver's license for one year if he or she refused to take a chemical test. If a person refuses to take a chemical test for a second time within 10 years of the first refusal, or the driver is driving with a suspended or revoked license, the license suspension period increases to two years. If a person refuses a chemical test for a third time within 10 years of the first two refusals, the license suspension period is three years.
If a driver is convicted of DUI in the criminal proceedings and refused to take a chemical test, he or she also faces a fine and mandatory imprisonment.
Some San Mateo DUI attorneys stress that California authorities take DUI laws very seriously and will prosecute such charges to the fullest extent possible. If you are facing DUI charges, or have specific questions about implied consent laws or repercussions of refusing a breath, blood or alcohol test, contacting an experienced attorney who knows the law is advised.
