Being pulled over by the police can be an intimidating experience, especially if they suspect you of driving under the influence (DUI). A common question that arises in such situations is whether you can refuse a breathalyzer test. In California, the concept of “implied consent” plays a significant role in determining your rights and obligations.
This blog will explore the legality and consequences of refusing a breathalyzer test in California. If you are facing DUI charges, contact Simmons Wagner, LLP at (949) 439-5857 for expert legal assistance.
Understanding Implied Consent in California
In California, the law includes a provision known as “implied consent.” This means that by signing your driver’s license, you agree to submit to a breathalyzer or other chemical tests if law enforcement suspects you of driving under the influence. However, while you have given implied consent, there are still specific rights and legal nuances that you need to be aware of.
When Can Police Administer a Breathalyzer Test?
Breathalyzer tests are used to measure the blood alcohol level of an individual. If your BAC is over the legal limit of 0.08%, you can be arrested for a DUI. It’s important to note that these tests are not infallible and can sometimes produce inaccurate results.
Legal Grounds for Administering a Breathalyzer
Police can only request a breathalyzer test under certain conditions:
- Legal Traffic Stop: You must have been pulled over legally, meaning the police had probable cause to stop you.
- Suspicion of DUI: The officer must suspect you of DUI based on observable evidence or behavior.
Probable Cause Indicators
Probable cause for a DUI can include:
- Speeding
- Erratic driving or signs of drowsiness
- Results from field sobriety tests
- Slurred speech
- The smell of alcohol
- Bloodshot or red eyes
- Admission of drinking alcohol
If the police stop you without probable cause, they may be violating your rights, and the evidence obtained (including breathalyzer results) could be inadmissible in court.
Consequences of Refusing a Breathalyzer Test
Refusing a breathalyzer test in California can have serious consequences. It’s important to understand that refusal can be used against you in court, potentially resulting in additional penalties.
Legal Ramifications
Refusing a breathalyzer can lead to:
- License Suspension: Refusal can result in an automatic license suspension for up to one year, even if you were not legally intoxicated. For those with a prior DUI conviction within the last decade, the suspension can extend to two years.
- Enhanced Penalties: Refusal can add to the penalties of a DUI conviction, complicating your legal situation.
Probable Cause and Refusal
It’s crucial to remember that the police must have probable cause to request a breathalyzer. If probable cause is lacking, your refusal cannot be used as the sole basis for a DUI charge. However, if probable cause exists, refusal to take the test will trigger the automatic penalties mentioned above.
Steps to Take If Arrested for a DUI
If you find yourself arrested for a DUI, whether you refused a breathalyzer test or not, it’s vital to seek legal assistance immediately. Here’s what you should do:
- Contact a Qualified Attorney: Reach out to a lawyer experienced in DUI cases. They can help you navigate the complexities of your case and work to protect your rights.
- Schedule a Consultation: Most attorneys offer free consultations, giving you a chance to discuss the details of your case and understand your legal options.
- Prepare Your Defense: Work with your attorney to gather evidence, identify witnesses, and develop a robust defense strategy.
For expert legal assistance, contact Simmons Wagner, LLP at (949) 439-5857. We offer a free case evaluation and are dedicated to helping you find the best way forward.