California’s Implied Consent Law is a statute that requires drivers to submit to chemical testing if they are arrested for driving under the influence (DUI). This law is based on the idea that by obtaining a driver’s license and operating a vehicle on the roads of California, a person gives implied consent to submit to a chemical test if they are arrested for DUI.
In California, a driver may be tested for alcohol using a blood or breath test. If a driver refuses to submit to a chemical test, the refusal can be used as evidence against them in court. Additionally, there are consequences for refusing a chemical test under California’s Implied Consent Law.
Consequences of Refusing a Chemical Test in California:
- Administrative License Suspension: The California Department of Motor Vehicles (DMV) can automatically suspend a driver’s license for one year if they refuse to submit to a chemical test.
- Criminal Penalties: A refusal to submit to a chemical test can be used as evidence against the driver in a criminal trial for DUI. Additionally, a refusal can result in enhanced penalties if the driver is convicted of DUI.
- Increased Burden of Proof: If a driver refuses a chemical test, the prosecution may have an easier time proving that the driver was under the influence at the time of the arrest.
It is important to note that in California, a driver can still be convicted of DUI even if they refuse a chemical test. However, refusing a test can make it more difficult for the driver to defend themselves against the charges.
In summary, California’s Implied Consent Law requires drivers to submit to chemical testing if they are arrested for DUI, and a refusal to submit to a test can result in administrative license suspension and increased penalties if the driver is convicted of DUI.
I would also like to add that, as a criminal defense attorney, I would recommend that drivers who are arrested for DUI in California request a blood test. Blood tests are generally considered to be more accurate than breath tests, and the results of a blood test may be more favorable for the driver.
If you have been arrested for DUI in California, it is important to seek the advice of a qualified criminal defense attorney as soon as possible. An experienced attorney can help you navigate the complex legal process and protect your rights. If you would like a free consultation regarding your case, please don’t hesitate to contact my office. I am here to help you through this difficult time and fight for the best possible outcome in your case.
In California, all drivers on the road are presumed to have given their “implied consent” to chemical testing if arrested on suspicion of driving under the influence.