Breath & Blood Tests
California's Implied Consent Laws
Under California's implied consent laws, anyone who drives a motor vehicle is deemed to have given his or her consent to chemical testing of their blood or breath for the purpose of determining the blood alcohol content (BAC) of their blood, or for determining the drug content of his or her blood.
If you were recently arrested for DUI, a Valencia criminal defense attorney from Barnholtz & Kugler can provide you with the hard-hitting defense representation you need and deserve. Our firm has almost 40 years of experience defending DUI charges, and we will use our experience to defend your rights and pursue a favorable outcome in your DUI case.
Refusal to Submit to a Chemical Test
In California, you must take a chemical test at the time of your arrest, and the officer should give you a choice between taking a blood or breath test. If neither test is available, you will have to take a urine test. The law does provide a special exemption for people who are on anticoagulants for a heart condition or who have hemophilia, such individuals do not have to submit to a blood test.
If you are arrested for DUI, the officer should inform you that if you refuse to take a test, that you will be fined and lose your driver's license, and that you could be imprisoned if you are later convicted of DUI. California's implied consent law can be found under California Vehicle Code Section 23612.
What are the penalties for refusing?
If you refuse to submit to a chemical test in the form of a blood, breath, or urine test in California, you face the following penalties:
- 1st Offense – one-year driver's license suspension
- 2nd Offense – two-year driver's license suspension
- 3rd Offense – three-year driver's license suspension
Contact a Santa Clarita DUI Lawyer
Since refusing a chemical test does not guarantee that you won't be convicted, it usually will not help you if you refuse to submit to a blood, breath or urine test. Even if the state does not have chemical evidence, the prosecution will use your refusal against you by arguing that you refused the test because you were legally intoxicated (.08% BAC or higher if you are 21 or over), and therefore guilty of DUI.
Whether you refused a chemical test or not, if you were arrested for DUI, I urge you to contact our firm right away. The consequences of a DUI conviction can be devastating and they are worth fighting with the help of a DUI attorney.
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