Drivers in the state of California may receive a warning during an arrest for driving under the influence (DUI). Police officers sometimes provide drivers with an “implied consent” warning related to blood alcohol content (BAC) testing in Los Angeles.
An implied consent warning tells drivers that they can face legal consequences if they refuse to complete mandatory BAC testing. Find out more about California’s implied consent laws affect your case contacting a Los Angeles DUI lawyer at (310) 896-2724.
California’s Implied Consent Laws for DUIs
All drivers in California are subject to the state’s laws on “implied consent.” Implied consent means that drivers agree to complete BAC testing in certain situations. You are legally required to go through with BAC testing if:
- You are under 21
- You are on DUI probation
- You are legally arrested for a DUI
Police officers must generally provide a warning if they request that you take a BAC test during a DUI arrest. During this warning, they may inform you about the legal results of refusing a BAC test.
The Department of Motor Vehicles (DMV) can actually suspend your license if you refuse a legally-ordered BAC test. Keep this in mind if you are stopped for a DUI here in Los Angeles.
Types of BAC Tests Used for DUI Arrests
You must legally go along with a BAC test if you are arrested for a DUI in California. However, not all drivers are required to take the same kind of BAC test. In fact, drivers are often offered a choice between:
- Breath tests
- Blood tests
- Urine tests
You may select the kind of test you want to take after your DUI arrest. However, these tests are not available in all situations. In some cases, only one kind of test could be available. In this situation, a police officer can require you to take the available test.
A Refusal Isn’t Going to Stop a DUI Arrest
Note that you can get charged with a DUI even if you refuse a BAC test. Police officers can still accuse you of a DUI in this situation. Additionally, you will face penalties for your refusal to submit to the mandated chemical testing.
DUI Arrests in Los Angeles and Miranda Warnings
You may also receive a “Miranda” warning if you are arrested for a DUI. Your Miranda warning will inform you of your rights available to you while under arrest. You have likely heard the Miranda rights read on different television shows.
Generally, your Miranda rights require a police officer to inform you that you have the right to get help from a lawyer and the right to stay silent after your arrest. Police officers do not have to follow a specific script when informing you of your Miranda rights.
However, police officers are legally required to ensure that you are aware of your rights. If police officers did not mention your rights, you should tell a lawyer right away. Your charges could be dismissed if you were not informed of your rights.
Get Help with Los Angeles DUI Charges
Police officers can issue a few warnings during a DUI arrest here in Los Angeles. They can warn you about the results of refusing a BAC test or regarding your Miranda rights.
We’re here to help you understand these warnings. Just call a Los Angeles DUI lawyer at (310) 896-2724 or fill out our online contact form. Let us help you right now with a risk-free consultation.
