According to California Vehicle Code section 23612, if you are arrested for a DUI offense committed in violation of California Vehicle Code section 23140, 23152 or 23153, you are deemed to have given your consent to chemical testing through either a blood or breath test to determine the alcohol content of your blood. If a blood test is unavailable, you may be required to submit to a urine test. This is known as the “Implied Consent Law,” as you do not have to actually give permission at the time for the chemical test to be performed. Instead, the law provides that you already have given consent.
According to California Vehicle Code section 23612, the test must be administered after a lawful arrest, at the direction of a peace officer who had probable cause to believe that you were driving while intoxicated, in violation of California Vehicle Code section 23140, 23152, or 23153.
DUI Offenses Affected by California’s Implied Consent Law
California’s implied consent law applies to DUI offenses described under California Vehicle Code section 23140, 23152 and 23153.
California Vehicle Code section 23140 makes it unlawful for you to drive a vehicle if you are under the age of 21 and have a blood alcohol content of 0.05 percent or more.
California Vehicle Code section 23152 states that it is unlawful for you to drive a vehicle while you are under the influence of alcohol or a drug, such that you can no longer drive the vehicle with the ordinary caution and care that a sober person could exercise under similar circumstances.
California Vehicle Code section 23153 applies to DUIs that cause injury. In order for you to be convicted under section 23153, you must have been driving under the influence of drugs or alcohol, and failed to perform a legal duty that resulted in bodily injury to another person.
Consequences for Refusal to Submit to Chemical Testing
California Vehicle Code section 23612(a)(1)(D) describes the consequences you face if you do not comply with California’s implied consent law. If you fail to submit to chemical testing after being arrested for a DUI, you will face a fine; and if you are convicted under California Vehicle Code section 23152 or 23153, you will face an additional mandatory jail sentence.
In addition, if you fail to submit to chemical testing, you may also face the following consequences:
- The suspension of your driving privileges for one year;
- Revocation of your driving privileges for two years if:
- You refused to comply with chemical testing within 10 years of a separate DUI, reckless driving, or vehicular manslaughter conviction; OR
- Your driving privileges were previously suspended for an offense that occurred on a separate occasion
- Revocation of your driving privileges for a period of three years if:
- You refused to comply with chemical testing within 10 years on two or more separate DUI, reckless driving, or vehicular manslaughter convictions; OR
- Your driving privileges were previously suspended or revoked two or more times for offenses that occurred on separate occasions
Refusing to Take a Preliminary Alcohol Screening Test (PAS)
When you are first stopped by a police officer for a DUI, you do not have to submit to a preliminary alcohol screening test (PAS). The PAS test is different from the chemical test you are required to submit to because the PAS test is requested before you are arrested, whereas the chemical test is requested after your arrest and performed at the police station. Unlike the chemical test, you will not face any penalties for refusing to submit to a PAS test.
Call a California DUI Lawyer Today
If you or a loved one has been arrested for DUI, you need to contact an experienced DUI defense attorney right away. At Wallin & Klarich, our skilled DUI lawyers have been successfully defending our clients accused of DUI for over 30 years. We’ve helped thousands of clients in their time of legal need, and we can help you today.
With offices in Los Angeles, Ventura, Torrance, Orange County, Riverside, San Bernardino, San Diego, Victorville and West Covina, there is an experienced Wallin & Klarich attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.