Can I Refuse A Field Sobriety Test In San Bernardino?
If you drive a motor vehicle, by law you are consenting to chemical testing of your blood or breathe in order to determine your blood alcohol level. If you are lawfully arrested for driving under the influence of alcohol, you have the choice of how you will be tested, either through a blood or breathe test. The arresting officer must inform you of that choice.
Consequences of Refusing a Field Sobriety Test
Refusing to take a field sobriety test in San Bernardino will result in the following severe punishment:
- A fine of $125 (Vehicle Code 14905)
- Imprisonment if you are convicted of a DUI; AND
- Either of the following
- Suspension of your driver’s license for 1 year
- Revocation of your driver’s license for 2 years if you refused to take a sobriety test within 10 years of a prior DUI or reckless driving conviction; OR
- Revocation of driver’s license for 3 years if you refused to take a sobriety test within 10 years of two or more separate DUI, reckless driving, or vehicular manslaughter convictions, or if your driver’s license has been suspended/revoked two or more times for separate offenses
California DUI Defense Attorney
An aggressive and knowledgeable California DUI defense attorney can help lessen or entirely avoid the severe consequences that could result from a charge of refusing to take a field sobriety test. Wallin & Klarich is aware of the many conditions that must be met before you can be punished for improperly refusing to take a sobriety test and can often raise viable defenses so your criminal liability is reduced or eliminated. For example, if you were unlawfully arrested, the charges may be dropped altogether.
Wallin & Klarich has over 30 years of experience successfully defending our clients facing DUI charges and helping them avoid jail time. We have the skill and experience to help you win your case. Our offices are located in San Bernardino, Orange County, Los Angeles, San Diego, Riverside, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.
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