What Is The DUI Implied Consent Law? CVC – 23152a
Being arrested for drinking and driving can be scary and confusing. You have many questions that you want answered.
Only an experienced DUI attorney can provide you with accurate information about your case and your possible defenses. If you have been charged with a DUI orviolated the DUI implied consent law, it is important for you to contact an attorney immediately.
California’s Implied Consent Law
The DUI implied consent law applies to you if you have been convicted of a DUI offense under sections 23140, 23152, or 23153 of the California Vehicle Code.
You will have to consent to a breathalyzer or other chemical test when an officer suspects you of drinking and driving.
If you refuse to submit to chemical testing your punishment could include:
• A fine
• Mandatory imprisonment if you are convicted of a DUI
• Revocation of your license for one year or more
However, what is important to understand is that you are not legally required to submit to the “hand held” “blow test” that the police officer requests you to submit to when you are first stopped by the officer. This is referred to as a “preliminary alcohol screening” device or PAS test. You have the legal right to tell the police officer you refuse to submit to this test. There is no penalty associated with that decision, other than it will likely upset the police officer and he will likely choose to arrest you where you will be required to submit to a blood or breathe test at the police station.
Contact A Southern California DUI Attorney
If you have refused to submit to chemical testing in violation of the DUI implied consent law, it is imperative that you contact a DUI defense attorney.
The punishments are severe and will negatively impact your daily life. You need a defense attorney from Wallin & Klarich if you are going to obtain a positive outcome in your case.
If you have violated the DUI implied consent law or have any questions about your DUI, Wallin & Klarich can help. Our skilled attorneys are familiar with all DUI and DUI causing injury laws in California.
We understand our DUI laws can be complicated. You want an attorney that will be prompt and responsive to your needs.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 to speak with a qualified DUI attorney today. We will be there when you call.
