Refusal of a Blood or Breath Test Can Lead to Suspension of Driving Privileges
October 4, 2011

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 suspended.  If this happens, it is important to contact an experienced Orange County DUI attorney.

There are many different tests police officers can use to determine your level of intoxication; some tests are completely voluntary.  A police officer may use a preliminary alcohol screening test.  These are small hand held devices which are sometimes referred to as a breathalyzer.  A preliminary alcohol screening test is merely a way for the police officer to quickly gather data upon your initial stop, since a person’s level of intoxication may decrease over time.  A preliminary alcohol screening test is completely voluntary and not required.

However, a chemical evidentiary blood or breath test is mandatory and required.  A blood test is conducted at a local jail and not at a hospital.  For this to occur, the driver is placed under arrest and cited pending the outcome of the blood results. A chemical evidentiary breath test can be large machine at the police station or can be a handheld device used at the scene of the stop.

If you or a loved one is facing charges for driving under the influence, contact our Southern California DUI attorneys at Wallin and Klarich.  Wallin & Klarich will help protect your rights and find the best defense strategy for your case.  For over 30 years, our attorneys have been helping clients keep their driver’s license and maintain the ability to continue driving.  Please call us at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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