California – Refused a chemical test after drunk driving arrest

English: Relative risk of an accident based on...

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If you have a valid California driver’s license this means you have given your implied consent to submit to a chemical test if asked to do so by a law enforcement officer after you have been arrested for drunk driving.

Implied consent laws have been created by states to encourage drivers to take the blood alcohol content test or potentially face more severe restrictive driving penalties than they might face if they were arrested and convicted of drunk driving.

What happens if you refuse the blood alcohol content test in California?

 

In California, if you are 21 years of age and you refused to submit to a chemical test or you failed to complete the blood alcohol content test at the time you were arrested, according to the California Department of Motor Vehicles, you are facing the following administrative penalties:

  • A first offense will result in a 1-year license suspension.
  • A second offense within 10 years will result in a 2-year license revocation.
  • A third or subsequent offense within 10 years will result in a 3-year license revocation.

Drivers who are under the age of 21 when they are arrested for drunk driving and refuse to take a chemical test will face the following administrative penalties:

  • A first offense will result in a 1-year license suspension.
  • A second offense within 10 years will result in a 2-year license revocation.
  • A third or subsequent offense within 10 years will result in a 3-year license revocation

Given the current laws in most states, many DUI lawyers suggest that drivers do not refuse a BAC test (state laws vary and this is not the rule for EVERY state). Remember also, these are administrative penalties imposed by the Department of Motor Vehicles in the state of California and are separate from penalties imposed if you are eventually convicted of drunk driving.

Many DUI lawyers conclude that if you are stopped for DUI and the officer has enough evidence to ask you to submit to the chemical test you most likely will be arrested, regardless if you refuse. Some states have also implemented laws which allow police officers to compel drivers to submit even against their will.

How can I challenge the Administrative Penalties after a drunk driving arrest?

 

If you have refused to take the chemical test you can still request an administrative hearing to challenge your license suspension. You may hire a drunk driving lawyer and have them challenge the following aspects of your drunk driving arrest:

  • Whether or not the California police officer placed you under lawful arrest.
  • Whether or not you were actually driving the motorized vehicle according to the definition established under California’s Vehicle Code.
  • Whether or not the officer gave you adequate instructions about the penalties if you failed to complete the blood alcohol content test.
  • Whether or not you actually refused to submit to the blood alcohol concentration test.

Hiring a Drunk Driving Lawyer

 

If you have been arrested for drunk driving and you refused to submit to the blood alcohol content test it is time to talk to a drunk driving lawyer and find out how to fight the drunk driving charges.

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Beth

Beth L. is a content developer for LeadRival, a cutting edge company that helps connect DUI lawyers with DUI clients. Beth L. writes about a variety of DUI topics to help drivers who have been arrested for DUI, getting them the legal help they need.

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