Whether you can refuse to take a Breathalyzer or blood test when accused of a DUI can feel confusing. It may also affect a DUI case against you. A Van Nuys DUI refusal lawyer can help you understand what a refusal means to your case.
At Los Angeles DUI Lawyer, we can connect you with Van Nuys DUI lawyers who are here to help you take back control of your life. They will build a strategic defense and push back against DUI charges.
We have helped thousands of people going through situations just like yours. Contact us today, and we can schedule a free case consultation so you can go over your legal options.
Can You Refuse a DUI Test?
Whether you can refuse a DUI test comes down to when you are being asked to submit to the test. If you have been pulled over but not yet arrested, you can refuse physical tests like Field Sobriety Tests.
However, if you have been arrested, then refusing to take a chemical test will have negative impacts on your case. What is a chemical test in DUI investigations? Chemical tests include blood, breath, and urine tests.
Implied Consent Laws in California
California operates under implied consent laws for DUI arrests. What does this mean? Essentially, if you are a licensed driver in California, then it is considered that you have agreed to DUI testing if you are arrested.
Refusing to take a test triggers automatic penalties under California Vehicle Code Section 23612.
Penalties for Refusing a DUI Test in California
Penalties for refusing a chemical or blood test after a DUI arrest can include:
- One-year suspension of your driver’s license.
- Two-year license revocation if you refuse a test and it is within 10 years of a separate DUI conviction.
- Three-year license revocation if you refuse a test and it is within 10 years of having two or more DUI convictions.
What Is Considered a DUI in California?
In California, driving with a BAC of .08% or higher is considered a DUI. If you are a commercially licensed driver, then the BAC limit is .04% or higher. For drivers who are under the age of 21, that limit is even lower and is .01% or higher. That lower limit also applies to anyone who has had a previous DUI conviction.
What Are the Penalties for a DUI in California?
The penalties for a DUI in California are serious. These include:
For a First Offense
The penalties for a first DUI offense can include:
- Six-month license suspension.
- Mandatory completion of a state-licensed alcohol or drug counseling program.
- Up to $1,000 in fines.
- Up to six months in jail, though often probation or community service are used here instead.
- Probation.
For a Second Offense
The penalties for a second offense may include:
- Two-year license suspension.
- Up to 18 months of DUI school.
- A mandatory minimum of 96 hours in jail.
- Additional jail time.
- Probation.
- Fines.
For a Third Offense
For third offenses, penalties increase. They may include:
- Three-year license revocation. You will need to reapply for a license after the three years are up.
- Up to 30 months of mandatory DUI school.
- A minimum of 120 days in jail.
- Additional jail time.
- Probation.
- Fines.
For Four or More Offenses
At a fourth DUI offense, it will be charged as a felony rather than a misdemeanor. A felony rule also applies if the DUI results in a death. Felony charges come with serious consequences. Penalties can include:
- 16 months to three years in jail.
- Up to a five-year license suspension or revocation.
- Fines.
- Probation.
Felony convictions can also result in professional license and immigration status impacts.
How Can a Van Nuys DUI Refusal Attorney Help With Your Case?
When you have been charged with refusing a DUI test, an attorney can help you combat these charges or advocate for a lesser sentence if you are convicted.
Your DUI Refusal attorney serving Van Nuys can:
- Investigate the initial arrest to ensure that the officer followed standard procedure and your rights were not violated in the process.
- Identify issues with the arrest procedures and the officer’s probable cause for pulling you over in the first place.
- Represent you during any court proceedings.
- Handle communications and your response to the DMV.
- Support you throughout the progress of your case.
Acquiring a lawyer as soon as possible gives them time to build your defense and prepare you for the legal process.
What Is Probable Cause for an Officer to Pull You Over for a DUI?
In DUI cases, the officer needs to have a valid reason for pulling you over. Some potentially valid reasons can include:
- You violated traffic laws: For example, you were speeding or ran a red light.
- You were driving erratically: For example, driving well under the speed limit or weaving in and out of lanes.
- Someone else reported you: For example, another driver called 9-1-1 to report that you were driving erratically.
Once you have been pulled over, the officer cannot immediately arrest you on suspicion of driving under the influence. Instead, they must have valid reasons for doing so. These can include:
- Bloodshot or watery eyes.
- Slurred speech.
- The smell of alcohol or marijuana.
- Open alcohol containers or drug paraphernalia in view of the officer.
- If you admit to having had a drink.
The officer can then ask you to partake in a Field Sobriety Test or to take a breath test. At this point, if you have not been arrested, you can refuse these tests.
Contact a DUI Refusal Lawyer Serving Van Nuys Today
If you have been accused of DUI refusal, reach out to Los Angeles DUI Lawyer today. We can connect you to a Van Nuys DUI attorney and get you started on your case right away. Refusing a DUI test doesn’t automatically result in penalties, and understanding when it might is vital.
Read our client reviews to learn more about how we can help. Call us today to schedule a free initial consultation.
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