All drivers in California offer implied consent to take a blood alcohol content (BAC) test if they are arrested for driving under the influence (DUI). It’s natural to wonder what implied consent means in this situation, especially if you are facing DUI charges.
You can review the meaning of implied consent right here with the Simmrin Law Group. Review the tests used to measure BAC and focus on legal defense to DUI charges. Contact us at (310) 997-4688 for more information about implied consent in California.
The Legal Definition of Implied Consent in California
An individual offers consent when they willingly agree to take an action or to have something done to them. In many cases, consent requires some kind of stated agreement. Implied consent does not require verbal agreement.
Implied consent is inferred by someone’s actions. For example, if you go to a sporting event, you are offering implied consent to watch someone else play a game. Drivers in California give implied consent to BAC testing each time they drive a vehicle.
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BAC Tests Governed by Implied Consent
Drivers in California may be given the choice between a breath test and a blood test after they are arrested for a DUI. Drivers may select either of these tests, but they must take one of them. Note that, in rare situations, a driver may complete a urine test, instead.
Note that some drivers are not required to take BAC tests or field sobriety tests (FSTs) before they are arrested. In fact, drivers can refuse pre-arrest testing UNLESS they are:
- On DUI probation
- Under the age of 21
Implied consent does not require drivers over 21 who are not on DUI probation to take preliminary alcohol screening (PAS) tests or FSTs.
Results of Refusing a Legally Required BAC Test
Drivers who refuse a test – thereby ignoring their implied consent – can face serious legal penalties in the state of California. A driver may face a refusal enhancement to their DUI charges after refusing a BAC test. A refusal allows the California court system to:
- Automatically suspend a driver’s license for one year
- Add time to the driver’s jail sentence if they are convicted of a DUI
A license suspension for a BAC test refusal can be especially difficult to deal with, as drivers cannot get it decreased in most situations. Get assistance right now if you are accused of refusing a BAC test after a DUI arrest. Contact a criminal defense lawyer in Los Angeles by calling (310) 997-4688.
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Uses of BAC Tests in the State of California
Law enforcement officers perform BAC tests to gather evidence that a driver was operating a vehicle while under the influence of alcohol. Both breath and blood tests may be used to determine if a driver’s BAC was above the legal limit in California.
Note that drivers throughout the state are only legally allowed to operate a vehicle if their BAC is:
- Below 0.08% if they are over 21
- Below 0.04% if they are commercial drivers
- Below 0.01% if they are under 21
Some DUI tests can also be used to find out if a driver is operating a vehicle under the influence of drugs. Breath tests cannot be used to detect drugs. Blood tests can often identify the presence of drugs in a driver’s bloodstream.
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Dispute BAC Test Results in Los Angeles
As you can see, drivers in California are legally required to complete BAC testing after a DUI arrest, based on their implied consent. Fortunately, a DUI lawyer in Los Angeles can dispute the results of a DUI test for you. Your lawyer may be able to show that:
- A law enforcement officer performed the test improperly
- The test was not stored or handled correctly
- Lab technicians did not follow procedures when completing the test
If you took a blood test after a DUI, your lawyer could even request that a sample be sent for independent testing. Learn more about your options for getting DUI charges reduced or dismissed by contacting us today. We are ready to help you handle all aspects of a DUI accusation in California.
Review Implied Consent with a DUI Lawyer in Los Angeles
Implied consent means that a driver pre-emptively agrees to take a BAC test if they are arrested for a DUI in California. They do not need to verbally agree to take the test to give their consent. The Simmrin Law Group can help you learn more about implied consent and your options for handling a DUI defense right now. Just call us at (310) 997-4688 or fill out our online contact form.
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