California's "implied consent" law dictates that when you are arrested on suspicion of drunk driving, you are required to provide a sample of your blood, breath, or urine to determine blood alcohol content. If you are suspected of driving under the influence of drugs, a blood or urine sample will be required. If you refused to take a chemical test, you will face serious consequences during a court trial or at a DMV hearing.

Although Los Angeles DUI law calls anything other than unequivocal assent to the test a refusal, there are actually two kinds of refusals. The first is when you verbally express a refusal (such as by stating no), and the second is an implied refusal. This is when the police claim that you refused to take a chemical test, but you did not actually verbally refuse. If an implied refusal occurred, it may be possible for an experienced Los Angeles DUI attorney to persuade the courts to excuse the refusal.

Several situations exist where an implied refusal might be excused. For instance, you may have chosen to take a breath test after your Los Angeles DUI arrest, but due to injury or illness, you may not have been physically able to provide a sufficient sample. In this case, your refusal might be excused, even if police officers claim you purposefully blocked the mouthpiece or did not blow hard enough. For whatever the reason, if you tried to take a breath test but couldn't, the police should have allowed you to take a blood test instead. If the police do not make this offer but merely record it as a refusal, it may be excused.

Another situation where a refusal may be excused by the courts is if you were unable to offer consent or a refusal to a chemical test in your Los Angeles DUI case. This could have occurred if you were in a state of shock or lost consciousness. California courts have determined that a driver who is semiconscious should not be punished for having "refused" the chemical test.

A person who has just been arrested for Los Angeles DUI does not have the right to consult with an attorney before deciding whether to submit to a chemical test, or deciding what type of test to take. However, if someone is charged with drunk driving, the police must properly warn them of the consequences of a refusal. Many people do not realize that by refusing to take a chemical test after a Los Angeles DUI arrest, it can cause their driving privileges to be suspended or revoked, without even going to trial. If you refused to give a blood, breath, or urine sample but were not properly warned of the repercussions, the refusal may be excused.

Although it is against the law for you to refuse a chemical test, there are instances where a refusal can occur and punishments will not be enhanced. A Los Angeles DUI attorney will challenge your chemical test refusal and fight to minimize or even eliminate the repercussions.