California’s “implied consent” law governs all drivers
on our roads. Essentially, this law states that by driving in California,
you automatically consent to giving a blood or breath test should you
be arrested on suspicion of driving under the influence. Some people simply
don’t wish to give law enforcement evidence against them with which
they can charge you with a DUI.
Some people are simply confused, knowing they are
not required to submit to a test from the police, but often aren’t sure
which one. You are not required to take a
field sobriety test, which is something the police can use to determine probable cause to
arrest you on suspicion of DUI. This only applies to field sobriety tests
like walking in a line, it does
not apply to an initial breath test, which officers may use to determine probable
cause for an arrest. California’s implied consent law says you
do consent to these tests, even though they are technically before your arrest.
The big difference is these readings cannot be used against you as evidence
in court because you were not yet arrested.
Unfortunately for these people, they will have violated the “implied
consent” law and face additional consequences. In addition to the
already heavy penalties for a DUI, your first conviction for refusing
to take a blood or breath test will automatically levy a one-year license
suspension, which you cannot appeal. You also will be ineligible to obtain
a restricted license during this period. Even if you escape your DUI trial
and hearing without consequences, you will still be subjected to this
penalty. For a second offense of refusal, this suspension doubles to two
years. A third offense nets a whopping three-year suspension without the
ability to appeal or obtain a restricted license.
Furthermore, it likely doesn’t help their case all that much. The
consequences for a DUI include at least four days in jail and fines of
up to $1,000—those increase if you refuse to take the blood or breath
test. Likewise, refusing the test does not guarantee that you have no
case against you. You can be found guilty without evidence, and your prosecution
will likely use your refusal to take the test as an argument against you
in court. The court will consider this and it’s very likely that
it could be used to convict you nonetheless.
If you have been arrested for DUI, the
Law Offices of Mark Girdner may be able to help you. With considerable experience as a former Deputy
District Attorney, our Modesto DUI lawyer can work with you to tailor
your defense to directly fight the arguments against you in both your
DUI trial and DMV hearing. We understand the importance the ability to
drive has in your life, and we work hard to help you maintain your innocence
and keep your license and record clean.
Get legal representation from a skilled attorney today! Call the Law Offices
of Mark Girdner at 209.326.1533 to request a
free case evaluation.