Refusal To Provide a Breath or Blood Test and California's Implied Consent Law

Posted by Robert Berglund | Nov 04, 2016 | 0 Comments

If you are placed under arrest for suspicion of Driving Under the Influence, California's implied consent law requires you to submit to a breath or blood test to determine your blood alcohol content ("BAC").  If you select a breath test but the officer also suspects that you are under the influence of marijuana or any other drugs, the officer may also require you to submit to a blood or urine test.  If you refuse to submit to the test, law enforcement officers have the option to get a warrant to take a blood sample from you.  Whether they do this or not, you will be charged with a "refusal."  The most significant adverse consequence of a refusal is that the DMV will suspend your driver's license for a longer period of time than if you were found to be driving with a BAC of .08 or greater.  The suspension period on a first time DUI offense with a refusal is one year.  You will not be eligible for a restricted license.  The suspension period increases for subsequent convictions.  You can also face additional criminal penalties in the criminal case for refusing to comply with the implied consent law.

If you are arrested for DUI and it is alleged that refused to submit to a breath or blood test, CONTACT an experienced DUI Lawyer immediately.  Officers frequently make mistakes in following the required procedures following a DUI arrest which may benefit you.  For example, before a refusal allegation at DMV can found to be true, it must be proven that the officer properly advised you of not only your choice to take a breath or a blood test, but also of the consequences of refusing to do so. Berglund Law Office, P.C. will carefully examine the police reports and other evidence against you to determine whether officers properly followed the law. CONTACT our office today for a free case review.

About the Author

Robert Berglund

Attorney Robert D. Berglund specializes in representing persons arrested on suspicion of Driving Under the Influence of alcohol or marijuana...


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