Gold & Witham Articles Consequences of Refusing a Chemical Test

Consequences of Refusing a Chemical Test

By Gold & Witham  Jan. 24, 2011 3:42p

Under California's "Implied Consent Law," a person who is issued a driver's license is giving their consent to either a blood, breath or urine test when a police officer has reasonable cause to believe the driver is driving under the influence of alcohol or drugs.

When a peace officer asks the driver to submit to a chemical test for suspicion of DUI, he is required to inform the suspect that his or her failure to submit to a chemical test, or failure to complete a chemical test will result in a one year drivers license suspension for a first offense and potentially fines and imprisonment for further violations. However, submitting to a blood, breath or urine test is a choice, and the officer is supposed to advice the suspect of their choice. In addition:

  • People who are afflicted with hemophilia are not required to submit to a blood test.
  • People, who are on anticoagulant medication under the direction of a license physician for a heart condition, are also exempt from taking a blood test.

Even though it is a "choice" to submit to a chemical test when a police officer asks you to do so, refusal to submit to a chemical test will result in an automatic driver's license suspension for a year. In addition, the police officer will take possession of that person's driver's license at the scene and will issue a temporary drivers license that will be valid for 30 days from the date of arrest.

Defenses for Chemical Test Refusal

If you are asked to submit to a chemical test by a police officer, it is in your best interests to do so, however if you declined to submit to the chemical test, there are defenses that a Los Angeles defense attorney who is knowledgeable in California DUI laws, can use. If you have refused to submit to a chemical test during a DUI traffic stop, a Los Angeles DUI lawyer at Gold & Witham can explain all your options to you. In essence, knowledge is power and we may be able to help you avoid conviction for the DUI charges against you.

Contact a Los Angeles DUI Attorney from our firm today for a free consultation!

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