Refusing a chemical test in California results in the immediate suspension of a driver’s license. A police officer takes a driver’s license on the spot, even if the motorist is not legally intoxicated. However, a driver may be able to contest their license suspension.
If you had your license suspended after refusing a chemical test, a Los Angeles DUI attorney can help. The attorney can teach you about California’s DUI penalties. In addition, the lawyer can answer any questions you have about what happens to your driver’s license if you refuse a chemical test.
What Is a Chemical Test?
A chemical test is used to assess a person’s blood alcohol concentration (BAC), which measures the amount of alcohol in the bloodstream. There are three types of chemical tests: breath, urine, and blood. The breath test is commonly used because it provides instant results.
In California, a driver’s chemical test result can be used to determine if this person was operating a motor vehicle while intoxicated. California’s BAC limits are 0.08% for drivers age 21 or older and 0.01% for drivers under 21. If a California driver has a BAC of 0.01% or higher, this individual is placed on DUI probation, regardless of their age.
A chemical test can play a key role in a prosecutor’s case against a driver. If the test is deemed valid, the driver can receive criminal charges due to a DUI. On the other hand, a driver can employ a DUI attorney to contest these charges.
Is a Chemical Test Result Accurate?
California police officers have a standard process for performing chemical tests. They can follow this process carefully and administer a chemical test at any time. The test may provide accurate results, but it does not offer any guarantees.
For example, the contents of a person’s mouth can impact breath test results. If a person receives a chemical test, it can show their BAC is higher than normal. This can cause a person who is not intoxicated to receive a DUI.
A Los Angeles DUI attorney can help a defendant discredit a breath test. The attorney can review all of the factors surrounding a defendant’s DUI charge. Next, the lawyer can help a defendant create a successful legal strategy.
Should I Refuse a Chemical Test?
It is illegal to refuse a chemical test in California. Doing so will cause a driver to have their license suspended at that time. Yet, refusing a chemical test may prove to be a viable option, since the license suspension and any other penalties will not necessarily stick.
A driver who refuses a California chemical test can consult with a DUI attorney in Los Angeles. The lawyer can offer legal tips and insights on how to dispute any DUI charges. Plus, the attorney can help a defendant find ways to get their charges dismissed or reduced.
There can be instances in which a DUI lawyer in Los Angeles presents a strong argument on a defendant’s behalf. In these instances, a prosecutor may have a tough time providing a burden of proof. As such, the defendant may have their charges revoked; if this individual’s license was suspended, it will be immediately reinstated.
Can a Police Officer in California Force Me to Take a Chemical Test Against My Will?
Forcing someone to take a chemical test against their will is a violation of the Fourth Amendment of the U.S. Constitution. If a police officer claims a person has to take a chemical test, this is incorrect. In this scenario, the police officer can face serious legal ramifications, and any chemical test that was submitted as evidence in a DUI case can be deemed invalid.
For people in Los Angeles who are charged with a DUI but believe a police officer forced them to take a chemical test against their will, reach out to an attorney. At this time, a defendant can share details about their DUI charge and chemical test. The attorney can then help a defendant dispute a chemical test or any other evidence relating to their DUI.
A DUI attorney in Los Angeles is committed to protecting the rights of defendants. The lawyer helps a defendant evaluate their legal options in a DUI case. From here, the attorney works in lockstep with the defendant to help this individual achieve their desired case result.
How Long Does It Take to Get a Suspended License Reinstated After I Refuse a Chemical Test?
It can take at least one year for a person to get a suspended license reinstated after refusing a chemical test in California. This applies in cases where a person has their license suspended due to a first DUI offense. In cases where it is a person’s second or third DUI offense, the license suspension length extends up to 10 years.
There is a process that a person must follow to get a suspended license reinstated in California. An individual can engage with California’s Department of Motor Vehicles (DMV) to get details about this process. Along with DMV requirements, certain conditions may need to be met before an individual has their license reinstatement in alignment with their DUI charge.
By meeting with a DUI attorney in Los Angeles, a person can learn about the license suspension process in California. The lawyer can respond to their client’s concerns and questions regarding license suspension. This attorney can also help a defendant take appropriate steps to get their license reinstated as quickly as possible.
Is It Necessary to Hire a DUI Attorney After Refusing a Chemical Test?
It is not mandatory to hire a DUI attorney. It is beneficial to employ a DUI lawyer to achieve the best possible results in court after refusing a chemical test. There are several reasons why.
A DUI attorney has a defendant’s best interests at heart. The lawyer understands what a defendant wants to accomplish. Therefore, the lawyer collaborates with the defendant to deliver the optimal result.
We can help you find a DUI attorney in Los Angeles. Once we do, you can work with a DUI lawyer in Los Angeles who is dedicated to your success. To learn more, please contact us today.
