California Breath Test Refusal

The day you stood in line at the DMV, chances are that no one told you about California’s Implied Consent Law. However, in order to become a licensed driver of the state, you are essentially agreeing to this law. Like most California drivers you are probably unaware of this law, but if you have been arrested for DUI and you refused a chemical test, you need to know what you’re up against. Before you do anything else, take a moment to contact a DUI defense attorney.

The state uses this law as a way to “encourage” drivers to submit to a chemical test so that they can have evidence against them in court. When a driver refuses to take a breath test, the prosecution claims that this is “proof” that a person knows he or she is guilty of drinking and driving. Failing to submit to a chemical test leaves the prosecution without any hard evidence to present to a judge or jury.

It’s important to know that the penalties are severe for refusing to submit to a chemical test. This includes the penalty you’ll face with the DMV. For a first offense DUI, the DMV will suspend your license for a full year without the possibility of applying for a restricted license to drive to work and/or school. The judge will also sentence you to 48 hours in jail (the state’s minimum).

Defenses for refusing a breath test

There are defenses that skilled DUI defense attorneys can use when building a strong defense for your case involving a breath test refusal. First, they will determine whether or not you actually did refuse. DUI investigations are stressful and confusing (even for police officers) and sometimes miscommunications occur. What the officer considered a refusal by you could have just been a lack of understanding between the two of you. Another defense may be that the officer did not advise you of the consequences for refusing to take a breath test.