DUI Refusal in Aliso Viejo

Under the ‘Implied Consent Laws’ in the State of California, if you are arrested for a DUI, you are required to choose between a breath test or a blood test. If for some reason you cannot take either test, then a urine test can be conducted. The state considers the application and receipt of a California driver’s license consent to be subject to toxicology tests like BrAC, BAC, or urinalysis.

The implied consent laws, are meant to allow the arresting officer to gain probable cause by giving access to your BAC or blood alcohol content. These tests are meant to give the officer reason to either arrest you or not depending on the chemicals found in your bloodstream.

The implied consent laws also state that if you have not been arrested, the officer should give you the option to decline taking the preliminary test, which is usually a breathalyzer test. Declining to take the test could, however, work against you because if the officer manages to get a warrant for your arrest for a different reason. Then you will be forced to take the test and you are likely to face harsher penalties if it is discovered that you have consumed alcohol or other illegal substances. However, there may also be good reasons to wait and take the blood test as opposed to the breath test. Each case is different.

Penalties for refusing to take a DUI test

Some of the penalties for refusing to take a blood, breath or urine test can be found in Sections 13353 and 14905 of the California Vehicle Code.

On your first DUI offense, if you refuse to take the DUI test, then your license can be automatically suspended for a year. If it is your 2nd offense then you face a 2-year license suspension and if it is your third offence, then you face a 3-year license suspension.

If an investigating agency has accused you of refusing to provide your BAC, contact Johnson Criminal Law Group today to discuss your case. Our criminal defense attorneys handle DUI cases and can get you a great outcome if you call now. Don’t wait!

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