If you maintain a valid driver's license in California, you are required
to abide by the state's implied consent law—which states that
you cannot legally refuse to comply with chemical testing if a law enforcement
officer is reasonably suspicious that you have been driving under the
influence of alcohol or drugs. This includes preliminary breath testing
and/or a subsequent breath, blood or urine test upon your arrest. Should
you refuse, you will be subject to automatic legal penalties. For a first-time
violation, your driver's license will be suspended for a period of
one year. The length of the
suspension will increase by one year for every subsequent violation, but the fine
will always be the same ($125).
It is also important to understand that you could still be arrested for
DUI even if you refuse to take a breath, blood or urine test. Although they
would not have physical evidence of your blood-alcohol concentration,
the prosecution could tell a jury that you failed to comply with testing
because you were guilty of drunk driving. For this reason, it usually
won't help you to refuse. If you were to be convicted of DUI after
violating the state's implied consent law, additional
DUI penalties would be imposed—including a minimum of 96 hours in jail and up
to $1,000 in fines. Fortunately, there are ways to challenge the validity
of BAC results even after you have taken a chemical test and failed.
Whether you were arrested for drunk driving after refusing a breathalyzer
test or registering a blood-alcohol concentration of .08% or greater, the
Fairfield DUI lawyers at Maas Law Offices are prepared to defend you. You are innocent until
proven guilty, so there is no reason why you should wait any longer to
retain the professional legal assistance that you will need to successfully
fight a conviction. All you have to do is
contact our office today at (800) 483-0992 to schedule a free consultation.
If you would prefer to reach us online, you can also submit a
free case evaluation form directly from our website.