Consequences For Refusing To Submit To Chemical Test When Arrested For DUI In San Bernardino
Consequences For Refusing To Submit To Chemical Test When Arrested For DUI In San Bernardino
Consequences For Refusing To Submit To Chemical Test When Arrested For DUI In San Bernardino Many people who are arrested for Driving Under the influence in California are unsure of whether they should submit to a breath or blood alcohol test when the arresting officer explains to them that they have to submit to one of those tests. Often times a person will refuse to submit to one of these…
Read MoreCan I Be Arrested For DUI Without Field Sobriety Tests?
Can I Be Arrested For DUI Without Field Sobriety Tests? People v. Bennett (1983) 139 .3d 767, holds that a person lawfully detained for drunk driving, and found to have symptoms consistent with intoxication, may be further detained for the purpose of administering field sobriety tests. In Marvin v. DMV (1984) 161 .3d 717, the court held that an arrest, based solely on the fact of erratic driving coupled with…
Read MoreBreathalyzer Test Leads to Arrest in Six Unsolved Burglaries
Breathalyzer Test Leads to Arrest in Six Unsolved Burglaries The law is clear. You are not required to submit to the “PAS” test when the police originally stop you and suspect you of driving under the influence. This is the test where the officers have a “hand held” device and ask for you to blow into it to obtain a reading as to your blood alcohol level. The only test…
Read MoreWorst Sobriety Tests Used in Los Angeles County
Worst Sobriety Tests Used in Los Angeles County When a police officer suspects someone of driving a vehicle under the influence of alcohol the police officer will try to determine how much or intoxicated the driver is. To do this there are a variety of tests the police may subject you to. These tests include: Field Sobriety Test Preliminary Alcohol Screening Test (breathalyzer) Chemical Evidentiary Breath Test (breathalyzer) Chemical Evidentiary…
Read MoreRefusal of a Blood or Breath Test Can Lead to Suspension of Driving Privileges
Refusal of a Blood or Breath Test Can Lead to Suspension of Driving Privileges Under California law, a driver is required to give his implied consent to submit to a chemical blood or breath test upon being detained on suspicion of driving under the influence. It is mandatory that a driver submit to a chemical test. Refusal to submit to a chemical test can result in your driving privileges to be…
Read MoreCan I fight a Riverside DUI charge if I passed the field tests but was over .08% alcohol level?
Can I fight a Riverside DUI charge if I passed the field tests but was over .08% alcohol level? YES. You absolutely can fight and successfully defend against a Riverside DUI allegations even if your blood alcohol content was over the legal limit in California (.08%). The fact that you passed or performed well on the field tests given at the scene is extremely important and relevant in your defense.…
Read MoreWhen I was arrested for a DUI I refused to submit to a chemical test.
When I was arrested for a DUI I refused to submit to a chemical test Your decision to refuse a blood or breathe test can have a major impact on both your DUI case and also will impact what the Department of Motor Vehicles will do as to the suspension of your driving privilege. When you refused the blood test you made it more difficult for the prosecutor to be…
Read MoreEverything To Know About Los Angeles California Implied Consent DUI Law
Everything To Know About Los Angeles California Implied Consent DUI Law 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 Los Angeles, California, and are lawfully arrested for a California DUI, you are deemed to have given consent to the chemical testing of either: (1) blood (2) breath. What this means to…
Read MoreFaulty Breathalyzers in Ventura County May Lead to Overturned DUIs
Faulty Breathalyzers in Ventura County May Lead to Overturned DUIs If you were recently convicted of Driving Under the Influence of Alcohol (DUI) or if you have a current DUI case pending in Ventura County, you might be in luck! Last week the Ventura County District Attorney’s Office reported that faulty breathalyzers were used to measure blood-alcohol levels in 294 court cases. Out of these 294 court cases, 137 cases…
Read MoreAccused of Violating California’s Implied Consent Law
Accused of Violating California's Implied Consent Law If you were pulled over for driving under the influence and law enforcement failed to obtain a chemical sample of your blood, breath or urine, it may be alleged that you violated California’s Implied Consent Law. The Implied Consent Law requires you to provide a chemical sample of your blood, breath, or urine following a valid police stop and arrest. The police stop…
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