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 tests. Should you refuse to take a breath or blood alcohol test after being arrested for DUI in San Bernardino?

Anybody who is lawfully arrested for DUI in California is deemed to have given his or her consent to chemical testing of his or her blood, breath, or urine for the purpose of determining the level of alcohol or drugs in his or her system.  This is the implied consent law in California.  The law also requires that the person shall be told that his or her failure to submit to – or his or her failure to complete – the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted of a DUI, the suspension of the person’s privilege to operate a motor vehicle for a period of one year, or the revocation of the person’s privilege to operate a motor vehicle for a period of two to three years.

However, it is important to point out that you are not legally obligated to submit to a chemical test of the “hand held device” that the police officer asks you to blow into at the scene. You are only obligated to submit to a chemical test after you have been arrested and you are taken to the police station or to a local hospital to complete the test.

In many cases the officer will not properly admonish the person arrested for DUI about the consequences of his or her failure to submit to a chemical test.  Unfortunately, many people will refuse to take a test – which leads to serious consequences.  If the officer writes that person up as a “refusal,” it can trigger a mandatory one year suspension that does not allow for a restricted license under any circumstances.  What’s worse is that the cops will usually “force” blood from the person by strapping him or her to a chair and by holding him or her down with the force of multiple officers.  In these cases, the person still faces the one year mandatory suspension for refusal, and the police get their evidence regardless. In most cases, refusing to submit to a chemical test is a bad idea for a person arrested for DUI in California.

If you have been accused of DUI in San Bernardino, Riverside, Orange, Los Angels, or Ventura Counties, you will need an experienced DUI defense lawyer to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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