If you were arrested for a DUI and refused a blood alcohol content (BAC) test, officers can accuse you of breaking the law. The consequences of your refusal may include exacerbated criminal charges, increased jail time, and higher fines. California’s criminal courts may even suspend or revoke your license.
However, you don’t have to let a drunk driving charge blacken your criminal record. A Los Angeles DUI lawyer can help you avoid the fallout of a guilty verdict. You can meet with our attorneys to discuss the legal process immediately after your arrest. Together, we can discuss your best defense strategies and the possibility of a plea agreement.
What to Know About California’s Implied Consent Laws
All California drivers, local or otherwise, operate under California’s implied consent laws. These laws dictate that all drivers, including private and commercial drivers, preemptively agree to cooperate with officers who request that they take a chemical BAC test.
However, these laws do not eliminate due process. A police officer who suspects a driver of drunk driving must have proof of probable cause before pulling someone over. This means officers must detect the smell of alcohol or signs of a driver’s physical impairment, or else they may face legal penalties for a wrongful arrest.
Even if an officer has probable cause to pull someone over, they must make a reasonable effort to speak to the driver and assess their sobriety. Officers may not enter a person’s vehicle without a warrant or verbal consent from a driver. However, officers may take action if they see alcohol paraphernalia in plain view, such as an open alcoholic beverage.
Exceptions to CA Implied Consent Laws
You may have the right to waive certain chemical tests if you can prove that you have a medical condition that may prevent a test from accurately assessing your blood alcohol level. For example, drivers with hemophilia cannot safely participate in blood tests.
However, these medical exceptions do not give you the right to waive other non-dangerous tests. Officers may instead insist that you take a breathalyzer test. Your refusal to engage with these alternative tests may result in harsher penalties when your DUI case goes to a criminal trial.
You can work with a defense attorney to determine whether or not your penalty assessment accurately reflects any complications that might have made the chemical testing process more difficult than usual.
Types of Alcohol Testing
There are multiple types of testing you might need to undergo if officers suspect you of driving under the influence of alcohol or other drugs. The first is a field sobriety test. This is not a chemical test but rather an opportunity for police officers to observe your movements for impairment.
Police may ask you to follow your eyes with an object or walk in a straight line to determine whether you are under the influence of drugs or alcohol. It is important to know that you are under no legal obligation to participate in a field sobriety test.
You have the right to refuse such testing and will not face any criminal penalties as a result of your refusal. However, the same cannot be said for chemical blood alcohol testing.
Chemical Testing
Officers can use multiple types of chemical BAC tests to determine whether or not a driver is intoxicated. These may include:
- Breath tests
- Blood tests
- Urine tests
- Saliva tests
Although blood and breath tests may be most common, urine and saliva tests can provide valuable information to support the state’s prosecuting attorney’s case, including the exact substances in a defendant’s system at any time.
If officers can accuse you of driving under the influence of alcohol and other substances, legal or otherwise, you may face harsh penalties for your perceived crimes. We encourage you to connect with a drunk driving lawyer in Los Angeles to break down compounded charges ahead of your trial.
Breath Tests
Also commonly referred to as breathalyzers, breath tests work by measuring the amount of alcohol that is contained in someone’s breath at that given moment. Using this measurement, the breathalyzer will determine what the individual’s blood alcohol concentration levels are.
There are two primary types of breath tests: evidential breath tests (EBTs) and preliminary alcohol screening (PAS) tests.
Evidential Breath Tests
In evidential breath tests, police will use a breathalyzer to determine a defendant’s BAC levels after a drunk driving arrest has already occurred. Many of the EBT breathalyzer devices used by police are too large to carry while on regular patrols. However, EBT devices are generally considered to be significantly more accurate than other types of breathalyzer devices.
EBT device results are typically used to prove BAC levels in a defendant’s system. In preliminary alcohol screenings, police are more likely to give you a breathalyzer upon your stop prior to arresting you on suspicion of a DUI.
Preliminary Alcohol Screenings
You do have the right to refuse a PAS test.
PAS tests will typically only detect the presence of alcohol. They will not detect the amount of alcohol that is in a person’s system at any given time. This means PAS device results may not always be accurate, and any PAS device results could be deemed inadmissible at trial against you.
We can discuss our methods for discrediting PAS breath tests during your free defense consultation.
Blood/Urine/Saliva Tests
Blood tests are some of the most common types of chemical alcohol testing. Breath tests may be used to detect alcohol, but a blood test can provide law enforcement with information regarding the specific types of drugs that may be in a defendant’s system upon their arrest.
These tests may also take longer to process and may not be included in law enforcement’s initial police report.
Can Blood Samples Be Forced?
In the past, in some instances where a suspect was accused of a DUI, law enforcement officers would take a chemical blood alcohol sample, whether that be through urine, saliva, or blood, without the accused party’s consent.
However, in 2013, the Supreme Court ruled that officers are not legally allowed to take forced blood samples in cases where DUI is suspected. Although there are some instances in which officers may be able to take a blood sample without a warrant or the individual’s consent, there must be special facts that apply for a forced blood sample to be admissible at a DUI trial.
For example, if a suspected drunk driver caused a motor vehicle accident and needed immediate medical attention, police may be able to obtain a sample of the suspect’s blood prior to being transported to a hospital for a medical evaluation.
What Happens When You Refuse a BAC Test?
Refusing a BAC test can compound the criminal charges brought against you when your case goes to trial. The penalties that tend to come after your refusal can include increased license suspension time, greater mandatory jail sentences, and higher fines.
You can work with a skilled attorney to determine whether or not the charges leveled against you accurately reflect the reality of your circumstances. If they do, you can discuss the pros and cons of entering a plea deal with the prosecution. If they don’t, you can work with a criminal defense attorney to outline the defense that may best protect you from a prolonged sentence.
First-Time DUI Penalties
If you refuse a BAC test the first time you’re pulled over on suspicion of a DUI, you may face two extra days in county jail, a mandatory one-year license suspension, and up to nine months in a drug education program.
Second-Time DUI Penalties
If you refuse a BAC test the second time you’re arrested for a DUI, you risk up to 96 additional hours in jail on top of a two-year license suspension.
Third-Time DUI Penalties and Beyond
The third time officers pull you over for a suspected DUI, you risk being charged with a felony offense for the drunk driving offense itself. The consequences of refusing a BAC test may include up to ten extra days in jail and a license suspension period of up to three years.
Is It a Good Idea to Use Chemical Test Refusal as a Defense Strategy?
Many drivers are under the impression that if they refuse to submit to a chemical blood alcohol test, they may be able to avoid the fallout of a criminal conviction. However, refusing to submit to a chemical blood alcohol test will lead to an immediate license suspension.
This does not necessarily mean the state will not move forward with the DUI charges against you. If you are unsure whether refusing a chemical blood alcohol test is the right decision for your case before you make a decision, be sure to contact our team for legal guidance and support.
How to Challenge a BAC Test Refusal
However, just because you are charged with refusal does not mean it will hold up. A good DUI lawyer will work to see if the refusal can be challenged. The most common reason for this is when the police do not inform you of the consequences of refusal.
They are required to inform you when they instruct you to take the test. If they did not, the refusal would not hold up. It is also possible to eliminate the refusal as part of a plea bargain, which substantially reduces your sentence.
Pretrial Diversion Programs
You might also be able to enter into a pretrial diversion program with the state’s prosecuting attorney. Once you complete the terms of this program, the charges against you could be reduced or dismissed entirely. Some of these terms could include:
- Completion of court-ordered drug or alcohol treatment
- Completion of driver retraining
- Attendance at mental health counseling or therapy
- Community service hours
- Random drug and alcohol testing
- Random searches of your personal property
- Completion of court-ordered anger management
- Fines and restitution
If your lawyer makes it clear that they are prepared to fight every step of the way, the prosecutor may offer to remove the refusal charge to avoid a prolonged court process.
Contact a Los Angeles DUI Lawyer for Help Today
If you refuse a blood or breath test, you must speak to an experienced DUI lawyer. We have built a network of top DUI attorneys that will offer you a free consultation on your case. Are you ready to schedule your confidential case evaluation?
You can meet with a dedicated Los Angeles DUI lawyer as soon as today by completing our secured contact form or calling our team.
