It is important to understand that California imposes what is referred to as an “implied consent” law. This law states that if you drive a car in California, and are lawfully arrested for a California DUI, you are deemed to have given consent to the chemical testing of either your:
- breath; or
- urine (only in cases where you are suspected of driving under the influence of drugs).
This means that you are required by law to submit to a chemical test to determine the alcohol and/or drug content in your body after you have been lawfully arrested for a California DUI.
However, the hand-held Preliminary Alcohol Screening (“PAS”) test that may be offered at the scene of the vehicle stop, before you get arrested, is not mandatory under this or any California law. Understand that your submission to the PAS test on the side of the road does not absolve you of your legal duty to submit to a subsequent chemical test at the police station.
Although the PAS test is non-mandatory for adults, it is mandatory for those under 21. If you are under 21 and suspected of DUI, you are also deemed to have given consent to the PAS and an additional blood, breath, or urine test.
If you or a loved one has been charged with a DUI, it is critical that you talk to an experiences criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years experience in defending DUI cases. Our attorneys will defend your rights and fight for the best possible result in your case. Call us at (877) 466-5245. We will be there when you call.