Refusing a chemical test after you have been arrested for a DUI in California results in the immediate suspension of a driver’s license. A police officer takes a driver’s license on the spot. However, you may be able to contest their license suspension.
If you had your license suspended after refusing a chemical test, a Los Angeles DUI lawyer 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 you. If the test is deemed valid, you can receive criminal charges due to a DUI. However, you 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 your mouth can impact breath test results. If you receive a chemical test, it can show your 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 you discredit a breath test. The attorney can review all of the factors surrounding your DUI charge. Next, the lawyer can help you create a successful legal strategy.
What Is Implied Consent?
In California, the implied consent law means that by driving on the state’s roads, you automatically agree to submit to a chemical test (breath, blood, or urine) if law enforcement suspects you of driving under the influence (DUI).
This applies if you are lawfully arrested for a DUI. Refusing to take a test after being arrested can lead to serious consequences, including automatic license suspension, fines, and the possibility of harsher penalties if convicted of DUI.
Can I Refuse a Chemical Test?
It is illegal to refuse a chemical test in California after you have been lawfully arrested for a DUI. Doing so will cause you to have your license suspended at that time. Still, if you refuse a chemical test, the license suspension and any other penalties will not necessarily stick.
If you refuse a California chemical test, consult 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 you find ways to get the charges dismissed or reduced.
A DUI lawyer in Los Angeles can present a strong argument on your behalf. In these instances, a prosecutor may have a tough time providing a burden of proof. As such, you may have your charges revoked; if your license was suspended, it will be immediately reinstated.
Can I Refuse a PAS Breath Test?
Yes, in California, you can refuse a Preliminary Alcohol Screening (PAS) breath test if you are not under arrest and are over the age of 21. The PAS test, often given at the roadside during a DUI stop, is used to estimate your blood alcohol concentration (BAC).
Since it’s part of the field sobriety test, you can legally decline it without immediate penalties if you are not yet arrested. If you agree to take a PAS test, the results could be used against you. Therefore, it is not recommended that you agree to the test unless you have to.
However, if you are under 21 or on probation for a prior DUI, refusing the PAS test can lead to consequences, such as automatic license suspension. Once you are lawfully arrested for a DUI, you are required under the implied consent law to submit to a chemical test (breath or blood).
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.
If you are charged with a DUI but believe a police officer forced you to take a chemical test against your will, reach out to an attorney. You can share details about your DUI charge and chemical test. The attorney can then help you dispute a chemical test or any other evidence relating to your DUI.
A DUI attorney in Los Angeles is committed to protecting your rights. The lawyer helps you evaluate your legal options in a DUI case. From here, the attorney works in lockstep with you to help you achieve the desired case result.
How Long Does It Take to Get a Suspended License Reinstated After I Refuse a Chemical Test?
In California, it can take at least one year for a person to get a suspended license reinstated for refusing a chemical test after arrest. This applies to people whose licenses have been suspended due to a first DUI offense. In cases of a person’s second or third DUI offense, the license suspension length extends up to 10 years.
You must follow a process to get a suspended license reinstated in California. To get details about this process, contact California’s Department of Motor Vehicles (DMV). Along with DMV requirements, certain conditions may need to be met before an individual has their license reinstated in alignment with their DUI charge.
By meeting with a DUI attorney in Los Angeles, you can learn about the license suspension process in California. The lawyer can respond to your concerns and questions regarding license suspension. Your attorney can also help you take appropriate steps to get your license reinstated as quickly as possible.
Is It Necessary to Hire a DUI Attorney After Refusing a Chemical Test?
Employing a DUI lawyer can help you achieve the best possible results in court after refusing a chemical test. There are several reasons why. A DUI attorney has a defendant’s your interests at heart. The lawyer understands what you want to accomplish, so they closely collaborate with you to deliver the optimal result.
We can help you find a DUI attorney in Los Angeles. Once we do, you can work with a lawyer who is dedicated to your success. To learn more, please contact us today.
