Understanding your rights under California DUI law is invaluable for every citizen of the state, no matter if they have ever been charged with driving under the influence of alcohol or not. When a driver is pulled over for suspicion of drunk driving, police will often perform a series of coordination tests to determine if the suspect is legally drunk. However, the most important step of this process is the alcohol chemical test, used to officially determine the blood alcohol content (BAC) of a suspect.
When a suspect is officially arrested by police, they are legally obligated to submit to a DUI chemical test in California.
Under California Vehicle Code Section 23612 (a) (1) (A), "A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense." This is known as the California Implied Consent Law and applies to all drivers in the state and is punishable by the law.
There are many reactions by a suspect that can be deemed as refusal, including:
- Clear and concise refusal, i.e. "No, I will not take a chemical test."
- An ambiguous response, such as "Only if I can call my lawyer first" or "I don't know."
- Silence as a response to repeated chemical test requests.
Any of these responses can be held in court as a chemical test refusal as long as they occurred after the suspect was arrested. Drivers are not required to take a chemical test in California prior to their arrest.
If you are facing charges for refusing such a test, the Santa Clarita chemical test refusal attorney, Daniel Kann, is here to defend you against your charges and the harsh penalties that come with them. For more information, call the Law Offices of Daniel Kann today at (661) 450-9678.
Please check back again soon for part two of this three-part series on DUI chemical test refusal in Southern California.
