Orange County Criminal Lawyers
DUI Refusal in Brea
If you are driving and are stopped by a law enforcement officer who suspects that you may be driving under the influence of alcohol, they can ask you to take a sobriety test. The officer will often make it known to you that it is your choice to accept or refuse the test. The question is can you refuse to take the test?Can You Refuse a Test?
According to California’s ‘Implied Consent laws’, once you have been arrested for a DUI you have to choose between a breath test and a urine/blood test. According to California Implied Consent laws, as long as you have a driver’s license you consent to give a sample to an officer upon request if you have been arrested. The emphasis here is on the request for the sample being after you have been arrested.
If you are asked for the sample before an arrest, then you can decline to give a sample for the test. That being said, if the officer finds probable cause to still make the arrest, then you are likely to face stiffer charges after the arrest. Once you are arrested and refuse to give a sample to determine your BAC, you can be charged with DUI refusal in Brea.Consequences for Refusing the Test
The consequences for refusing to take a DUI test are severe and are often levied in addition to penalties for a DUI conviction.
- For a first time DUI offense, you will face; 1-year driver’s license suspension, 9-months California DUI classes and up to 48 hours in jail
- For a Second time DUI offense, you will face; 2-year driver’s license suspension and up to 96 hours in jail
- For a third time DUI offense, you will face; 3-year driver’s license suspension, and up to 10 days in jail
It is important to call a DUI attorney as soon as is possible because a strong defense can be mounted if steps are taken soon enough. Call our law firm to speak to one of our DUI lawyers as soon as possible. The sooner you call, the faster we can get started on your case.