Roadside chemical and sobriety tests are topics that receive a lot of confusion and misinformation from the general public. If pulled over by the police, is an individual required to submit to a sobriety test? Can a person refuse the test? Upon refusal, what are the consequences? These are questions which every California driver should know, as there are serious implications to DUI charges and arrests.
Similar to the majority of other states in the country, California law has a rule called "implied consent" (under V C Section 23612). This mandates that if a person is arrested for driving while impaired (DWI or DUI) in the state, he or she automatically relinquishes permission for the chemical testing of breath, blood, or urine, as it relates to police sobriety examination. Refusal of this kind of test following an arrest results in a mandatory license suspension. However, this rule is only applicable after you are arrested.
Highway officers may conduct a field sobriety test (FST) using a hand-held Preliminary Alcohol Screening (PAS) device to help determine whether an individual is intoxicated upon pulling them over. With exception of the PAS test for people under the age of 21, roadside field sobriety tests (FST's) are NOT mandatory. However, the other exception to the PAS being optional is if the driver is on probation for a prior DUI. Therefore, if you are under the age of 21 or are still on probation for a prior DUI, you are required to submit to a PAS test in the field; otherwise, the PAS is optional. On the other hand, "Chemical Tests" are never optional.
The laws surrounding a drunk driving arrest can be confusing, especially for individuals who are unsure of their legal rights. If you've been arrested for a DUI in or around Los Angeles, contact Los Angeles drunk driving defense attorney Daniel Kann for experienced and vigilant representation. Call 310-954-9356 for a complimentary case review today.
