Refusing DUI Tests in Fresno
DUI Refusals & California Law
If you are suspected of Driving Under the Influence (DUI) in Fresno, you
will likely be asked by law enfocement to participate in a variety of
tests in order for the officer to determine whether you are under the
influence of alcohol.
Keep in mind that California law states that an individual can be arrested
and charged with DUI if the driver is operating a motor vehicle with a
Blood Alcohol Concentration (BAC) of .08% or greater or if the officer
feels that the driver is unable to operate a motor vehicle safely.
Pulled over for driving under the influence? Contact our attorney today to
start discussing your defense.
What Happens If I Refuse to Take a Breathalyzer?
Getting pulled over for a suspected DUI can be one of the most frightening
moments in your life, as you know the consequences of driving under the
influence are severe and unforgiving. Once you are pulled over, you will
likely be asked to take a
breathalyzer test, in which you blow into a device which checks your
blood alcohol content. If you are concerned about what may happen if you refuse to take a breathalyzer
test, you aren’t alone--many people refuse to take one because they
don’t want to incriminate themselves with such solid proof.
However, in the State of California, refusal may be one of the worst decisions
you can make. While you have every right to do so, it is certainly not
recommended for a number of reasons. First of all, refusing to take a
breathalyzer means you will earn an automatic citation on your license,
and if you have any sort of past record, your
license may be suspended.
Refusing a DUI test will mean you will then be forced to take a blood test,
which will certainly buy you time, but won’t erase the citation
on your license. You may also be arrested depending on the circumstances
under which you were driving. Risking arrest is simply not worth it--taking
the test may also incriminate you, but it will be an easier process to
fight against if you enlist in the help of an aggressive and strongminded
Fresno DUI attorney such as ours at Wapner Jones, P.C.
California's Implied Consent Law
Under state law, if you are stopped for DUI, you are required to submit
to chemical testing because of California's implied consent law. Under
this law, a driver in California has already given her implied consent
to chemical testing when applying for a California driver's license.
Chemical Testing in Fresno, Madera, Kings, Merced, and Tulare County
The chemical test should be taken immediately after your arrest and the
officer should give you the option of choosing to participate in either
the breath test or the blood test. You may also be asked to give the officer
a preliminary breath sample, in addition to the other chemical test. Keep
in mind, that the preliminary test is NOT REQUIRED and although the officer
will tell you that it's just another
field sobriety test, they will try to use it against you in court. However, ONCE YOU ARE ARRESTED,
if you don't give a breath or blood sample, you may lose your driver's
license for a minimum one year.
These chemical tests will evaluate either your breath or blood (depending
on the test) and will allow the officer to determine the level of alcohol
in your system at the time of the traffic stop. This level is your BAC
and if it is found to be .08% or higher, you will likely be arrested and
charged with DUI in Fresno.
CA Penalties Associated with Refusing a DUI Test
When you refuse to take one or more of these tests, you will likely face
consequences. The penalties associated with refusal vary depending on
whether the individual has refused the test before:Refusal w/ no priors:
- One-year suspension of your driver's license;
- Refusal w/ one prior DUI: Two-year suspension of your driver's license; and
- Refusal w/ two prior DUI's: Three-year suspension of your driver's license.
Do You Need a DUI Attorney? Yes you do!
There are specific issues and consequences relating to a refusal. If you
have been arrested for DUI in Fresno, and you have refused the chemical
tests, you will need an experienced DUI attorney to help guide you through
your legal matters.
If you are facing charges for driving under the influence in California,
contact Wapner Jones P.C. today!