Los Angeles County Criminal Lawyer Blog

This is part two of a three-part series on DUI chemical test refusal in Southern California.

Being asked to submit to a chemical test for driving under the influence of alcohol (DUI) can be an intimidating and unnerving process for many.

As such, it is important for all Southern California drivers to understand their legal rights and choices when it comes to chemical tests.

While it is against the law for a driver to refuse to take a chemical test after they have been arrested, there are choices concerning what test will be done.

It is important to distinguish a Preliminary Alcohol Screening (PAS) device test from a chemical test.

PAS tests are done prior to an arrest so that an officer can obtain probable cause for an arrest.

These can be refused prior to being arrested as long as a driver is not under 21 years old or on probation for a previous DUI conviction.

When arrested for a DUI, a person is legally obligated to take a chemical test under California Vehicle Code 13353, but is allowed to choose which test he or she will take in order to have their blood alcohol content (BAC) determined. The DUI chemical test choice is limited to what is available, as some may be unavailable at various police departments. The three types of chemical tests are:

• Breath Tests: The most common tests, these analyze a subject's alcohol vapor found in their breath in order to measure their BAC.


• Blood Tests: Seen as the most accurate of the chemical tests, a blood sample is taken by personnel at a hospital or medical clinic and analyzed by the police crime lab. This tests for alcohol content and any form of drugs.


• Urine Tests: Usually only used for drugged driving cases, but may be used when other tests are unavailable. Similar to blood tests, this measures a urine sample for a subject's BAC and any drug presence.

If you have been charged with refusing to take a chemical test in Southern California, it is important you find experienced legal defense immediately. The Santa Clarita chemical test refusal defense attorneys at The Law Offices of Daniel Kann are determined to help all who face such charges. Call (888) 744-7730 for a complimentary consultation by our legal team on your case today.

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.

It depends.

According to California Vehicle Code section 23612(a)(1)(A) all drivers in California have "consented" to chemical testing of blood or breath to determine their blood alcohol content if they have been lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153.

However, as the California District Attorney Association points out, appellate courts argue that a formal arrest is not a precondition for lawfully obtaining a DUI suspect's blood without consent, under the circumstance that a law enforcement officer had probable cause to think that the person was driving under the influence.

If this sounds complicated, it's because it is. And this is why being arrested for DUI in California can be so overwhelming. Everything happens so fast that you don't even have a chance to think about whether your rights have been violated or whether an officer is properly following procedure.

So, you don't necessarily have to be arrested for drunk driving in California for an officer to have your blood or breath tested. But the "probable cause" grounds related to this can be subjective, meaning that an officer's reasons to suspect that you were under the influence while driving could be biased or based on opinion rather than evidence.

Preventing drunk driving helps save lives, but it's important that innocent people aren't punished for something they didn't do. If you or someone you care about has been arrested for DUI in California, contact Pasadena DUI defense attorney Daniel Kann at 626-376-9218. Mr. Kann has been defending the rights of individuals charged with various drunk driving offenses for years, lending him the extensive legal experience and resources necessary to get charges reduced or dismissed. The sooner you have a lawyer on your side, the better your chances are of avoiding a conviction.