DUI Chemical Test Refusal

Southern California DUI Breath or Blood Test Refusal Defense Attorney Under California law, anyone who drives a vehicle has given his or her "implied consent" to be submit to chemical tests for determining blood alcohol content, if lawfully arrested. However, this consent only applies to tests given after you have been arrested. You may refuse to take the Preliminary Alcohol Screening Device when initially detained without consequence; however, if you choose not to submit to blood or breath tests after an arrest, you may be subjected to additional enhanced penalties, including increased DMV penalties. You may be charged for both a California DUI and failing to submit to a chemical test.

The additional penalties for failing to submit to BAC tests include:

1st California DUI Offense

  • 1-year driver's license suspension
  • 48 hours jailtime

2nd California DUI Offense

  • 2 year driver's license suspension
  • 96 hours jailtime

3rd California DUI Offense

  • 3-year driver's license suspension
  • 10 days of jail

4th California DUI Offense

  • 4-year driver's license suspension

If you refuse to take a chemical test, you will not be given a restricted license.

Los Angeles DUI Blood or Breath Test Refusal Attorney

If you have refused to submit to a blood or breath test following a DUI arrest, an experienced Southern California DUI defense attorney can help. A knowledgeable L.A. DUI defense attorney can challenge the arrest itself. Where law enforcement fails to follow proper procedures in making the stop, charges may be reduced or eliminated. Other times, strategic pleading may result in lesser DUI charges or alternative penalties. Further, the fact of the DUI refusal can be challenged. In some instances, an individual's medical condition or other circumstances may make submitting to the chemical tests difficult. Other times, an officer's failure to provide the DUI arrestee with the consequences of a DUI refusal can result in a reduction of the DUI charges or dismissal of the DUI case.

For more information, or if you have been arrested for a California DUI and refused to take a breath or blood test, contact The Chahine Law Firm for a free initial consultation.