California Implied Consent

Every state including California has enacted what is known as an Implied Consent Law. This is in response to politicians feeling political pressure by lawmakers and the public to crack down harder on drunk drivers. Under this law, every licensed driver in California is required to take a chemical test (blood, breath or urine) if police suspect that they have been operating a motor vehicle under the influence of drugs and/or alcohol. While police cannot physically force you to take a chemical test, you will face serious penalties for refusing to submit to testing. That’s why it’s important to contact The Law Office of Eugene Ellis. Mr. Ellis has successfully represented clients charged with DUI for failing to submit to a chemical test.

How it works

When you receive your California driver’s license, you are essentially agreeing to take a chemical test if you are requested by police. In order for the prosecution to charge a person with DUI, they need evidence. That’s why the state has enacted the Implied Consent Law. It strongly encourages everyone to submit to a test so that they can use the results as evidence in court. In fact, the penalties for violating the Implied Consent Law are actually worse than if you take a chemical test and go over the state’s legal limit of .08%. Since the prosecution has no evidence that you were DUI, they will attempt to claim that you knew you were guilty and that’s why you refused a chemical test. However, DUI defense attorneys know that is not necessarily the case.

For example, if you have a medical condition or injury that prevented you from being able to submit a sample, how can you be blamed for refusing? Also, did you in fact refuse to take the test or was there simply a misunderstanding between you and the officer? Lastly, did the office advise you of the consequences for refusing? These are all very important questions that a skilled DUI defense attorney will be asking.

If you refused to take a chemical test, Eugene Ellis can build a solid defense for you. Please contact him today.