If you are wondering, “Can you refuse a breathalyzer test in California,” the answer is yes. Refusing the test will result in an automatic suspension of your driver’s license. Along with this, a prosecutor could try to use the fact that you chose to refuse to do a breathalyzer test in California to punish you in your driving under the influence (DUI) case.
Let a DUI lawyer in Los Angeles help you with your case. Your attorney can look for evidence regarding blood alcohol level, choice of tests, and other legal topics to use against the prosecution. They can also negotiate a DUI plea deal on your behalf.
What Happens if You Are Stopped for Suspicion of DUI?
Being pulled over for suspicion of DUI can be a scary experience. In California, a police officer needs probable cause (reasonable grounds) to pull you over. Your lawyer can explain probable cause for a DUI in a parked car and similar legal topics in depth.
If you are pulled over for a possible DUI or some other driving offense and a law enforcement officer suspects you’ve been drinking or are impaired from drug use, they will ask you to submit to a breathalyzer test. The breathalyzer indicates your blood alcohol concentration (BAC). You may later need to undergo a blood test as well.
In California, when you get your driver’s license, you agree to submit to testing at the request of law enforcement if you are arrested for driving under the influence. This is commonly known as “Implied Consent.” Refusal to submit to a test after you’ve already been arrested for DUI can result in harsh legal penalties.
For a free legal consultation, call (310) 896-2723
Penalties for BAC Test Refusal
Suppose you refuse a breathalyzer, blood test, or urine test after an arrest. You’ll face additional penalties if you are convicted of DUI or operating a vehicle under the influence of drugs. These enhanced penalties vary based on whether this is a first offense or a repeat offense, and they can include:
- First Arrest: Those who refuse to take a breathalyzer test during a first DUI arrest can face 48 hours in jail, a one-year driver’s license suspension, and six months of DUI school.
- Second Arrest: With a second arrest in which you choose not to take a breathalyzer, enhanced penalties can include 96 hours in jail and a two-year driver’s license suspension.
- Third Arrest: A third arrest can result in 10 days in jail and a three-year driver’s license suspension.
- Fourth Arrest and Each Arrest After: The penalties for a fourth arrest can include 18 days in jail and a three-year suspension of your driver’s license.
Based on these penalties, it often makes sense to comply with breathalyzer laws and submit to field sobriety tests upon request. Your attorney can explain how long you will be in jail after a DUI arrest in California. They can provide details about additional penalties that can be tacked onto those you will face if you are convicted of a DUI.
What Happens if You Refuse to Do a Breathalyzer Test in California Before an Arrest?
It is never a good idea to refuse chemical testing after a lawful arrest or if otherwise required. However, refusing to take a test before you are arrested if you are over 21 and have no previous DUI charges can sometimes be beneficial. If you know for a fact that you are not going to blow over the legal limit, then go ahead and take the test, as it will help prove your innocence.
A police officer can arrest you and bring you to a police station if they suspect you have been drinking and driving. Fortunately, your attorney could challenge the validity of your arrest. Proving that the officer did not have probable cause could result in any subsequent physical evidence recovered being thrown out and lead to the dismissal of the case against you.
Your lawyer can provide details about scenarios when a breathalyzer test is not admissible in court in California. They can explain motor vehicle laws and others relating to drunk driving and driving a car under the influence of alcohol. Your attorney looks for ways to show you should not be punished for your actions.
Can You Fight the Charges Resulting from a Refusal to Do a Breathalyzer Test in California?
Yes, you can fight the charges related to the refusal to take the breathalyzer. To do so, it helps to have an experienced Los Angeles DUI attorney on your side. They may use various legal defenses to contest the results of chemical tests and other field sobriety tests, including:
Unlawful DUI Arrest
An arresting officer may not have had sufficient evidence to pull your motor vehicle over in the first place or probable cause to place you under arrest. In this situation, your lawyer could argue that your legal rights were violated. This could help you get your DUI charge dropped.
Officer’s Failure to Inform
A police officer failed to inform you of the potential consequences of refusing to take a breathalyzer or blood test. By law, the officer is required to give you a clear, detailed, and concise explanation of the consequences of refusing to take the breathalyzer. If this did not happen, you could have grounds for getting the charge against you dismissed.
No Intent to Commit a Crime
You mistakenly took an illegal substance and drove. This could be considered a simple mistake, and your charge may be considered a misunderstanding. The court will consider the circumstances of your case carefully as they determine whether to enforce a suspension of your driving penalties or assess other penalties.
In addition to these, false accusation, mistake of fact, entrapment, or illegally acquired evidence are four possible legal defenses you could use. A criminal defense attorney considers every legal avenue to defend against a charge of driving under the influence. Your lawyer will tailor their legal strategy to your case.
Complete a Free Case Evaluation form now
Work with a Los Angeles Criminal Defense Lawyer Who Will Give Your Case the Attention It Deserves
You drive your motor vehicle when a police officer pulls you over, and you are unsure of what — if anything — you did wrong. At this point, you are uncertain about what to do and decide to refuse a breathalyzer test. This can lead to an arrest, and you risk losing your driving privileges and others as a result of your actions.
Simmrin Law Group has decades of legal experience in driving under the influence cases. Give us the opportunity to assist you with your case, and we will look for ways to help you avoid severe consequences for your actions. Request a case consultation with our attorneys.
Call or text (310) 896-2723 or complete a Free Case Evaluation form