If you're arrested for DUI in California, you may be asked to take a breathalyzer or blood test to determine your blood alcohol content (BAC). Under California's implied consent law, you're required to submit to these tests or face penalties such as license suspension and fines.
But what exactly does implied consent mean, and how does it affect your DUI case?
Here's what you need to know:
What is Implied Consent Law?
Implied consent law means that by driving on California roads, you're deemed to have given your consent to chemical testing if you're suspected of DUI. This means that if a law enforcement officer has probable cause to believe you're driving under the influence, they can ask you to take a breathalyzer or blood test to determine your BAC. Refusing to take these tests can result in penalties such as license suspension and fines.
What are the Penalties for Refusing a Chemical Test?
If you refuse a chemical test in California, your license will be suspended for one year for the first offense and two years for subsequent offenses. You may also face fines and other penalties, such as mandatory DUI education classes and the installation of an ignition interlock device in your vehicle.
What Happens if You Fail a Chemical Test?
If you fail a chemical test in California, meaning your BAC is above the legal limit of 0.08%, you'll face penalties such as license suspension, fines, and possible jail time. The severity of these penalties depends on factors such as your BAC level, prior DUI convictions, and whether anyone was injured or killed as a result of your DUI.
What are Your Rights After Arrest?
After getting arrested, you have the right to remain silent and the right to a criminal defense attorney. You should exercise these rights and refrain from answering any questions or performing any field sobriety tests until you've spoken to a lawyer. Your attorney can advise you on your legal options and help you navigate the DUI process.
How Can a DUI Attorney Help?
If you're facing DUI charges in California, it's important to hire an experienced DUI attorney who can help you understand your legal rights and options. A DUI attorney can review the evidence against you, challenge the validity of any chemical tests, and negotiate with prosecutors to reduce or dismiss your charges. They can also represent you in court and help you achieve the best possible outcome for your case.
Understanding implied consent law in California is crucial if you're facing DUI charges. By knowing your rights and working with a skilled DUI attorney, you can protect your legal interests and achieve the best possible outcome for your case.
Contact Shevin Law Group today to learn more about our DUI defense services and how we can help you fight your charges.