So, can you refuse to get out of your car, participate in field sobriety tests, and be subjected to a breathalyzer test? Our prescreened California DUI lawyers strongly advise that you participate in the process when pulled over for a suspected DUI.
But why?
Do authorities have the right to override your personal right to privacy and decision-making? Let's talk about implied consent, why that means they can't refuse certain DUI procedures, and how that might affect your California DUI charges.
Why There Is An Implied Consent To Be Pulled Over And Tested For Sobriety
Since driving is seen as a luxury rather than a right, states have the authority to suspend or revoke your driver's license, impose penalties, or even imprison you if you refuse to take a BAC test when you are suspected of a DUI.
Furthermore, according to implied consent laws, drivers provide their consent to a BAC test without even realizing it. Therefore, if you decline a Breathalyzer, you virtually give up your driving rights.
Drivers are usually fined license suspension of up to a year if they refuse to take the test. Those with prior DUI offenses may be subject to much longer suspensions or jail time.
Whatever the case, you want to ensure you get the best possible outcome. Contact a prescreened Los Angeles DUI attorney to preserve and develop your DUI defense in California.
Isn't Refusal Better Than A DUI Arrest In California?
Some drivers in California might believe that a third or fourth DUI conviction is more serious than the punishment for refusing a BAC test.
However, refusal could definitely be used against you. It is, after all, suspicious to refuse a test. Even if you didn't go through a chemical BAC test, you could still be arrested, investigated, and found guilty of DUI.
The only choice you have on a Los Angeles DUI arrest is which type of chemical BAC test you can take. If you don't want a breathalyzer test, you'll likely be made to choose between a blood or urine test instead.
A prescreened Criminal Defense Attorney in California can help you build a defense should you fail the test. You don't want to jump into a DUI case without anyone guiding you on what to do and how to preserve your personal interests.
How Will It Affect Me If I Refuse A Chemical BAC Test?
If a police officer pulls you over and believes you are intoxicated, they will likely perform field sobriety tests and ask for a breathalyzer test to assess your level of drunkenness. Unfortunately, drivers are increasingly utilizing the tactic of refusing a Breathalyzer test, but is it wise to do so?
The consequences of refusing a Breathalyzer test will probably be severe. For instance, if an officer pulls you over and determines that you are intoxicated and refuse to take a blood alcohol concentration (BAC) test, you run the risk of having your license suspended or perhaps going to jail.
Even though you might not currently be in custody, it's not always a good idea to decline a Breathalyzer because the prosecution could still charge you with DUI or DWI based on other information gathered at the scene, such as officer observations, witness statements, or the results of a field sobriety test.
Hire A Prescreened DUI Defense Lawyer In Los Angeles
What's the best way to preserve and build your DUI defense? Find an experienced and trusted criminal defense attorney in California!
1000Attorneys can refer you to a prescreened Los Angeles criminal defense lawyer that can best handle your unique claim. Contact us through our 24/7 live chat (or complete our case details submission form) for a free initial consultation.
0 Comments