If you’re facing charges for driving under the influence (DUI), it’s helpful to know a bit more about California DUI chemical tests and implied consent laws in the state. A DUI arrest can be an overwhelming scenario, but understanding your rights and legal options in the moment can help you keep a level head and avoid additional charges or penalties. It’s highly recommended that you hire a DUI lawyer to support you through this process.
California DUI penalties can be harsh, even for first-time offenders. Matters can get even worse if you refuse to let law enforcement test you for impairment. That said, it’s not quite that simple. It can be difficult to understand all the nuances of DUI laws on your own, which is where a DUI attorney can step in. They can help you avoid mistakes during your arrest and booking.
DUI Statistics in California
DUI is a decision that can put the impaired driver and others at serious risk of injury or even death. It’s estimated that 33 percent of fatalities recorded in California in a single year involved an impaired driver with a blood alcohol count (BAC) over 0.08%.
There were 1,355 fatal alcohol-involved accidents recorded across the state in 2023 alone. As a result, DUI is prosecuted harshly under California law. However, the exact sentence you face for DUI in California depends on the facts of your case.
California DUI Chemical Tests and Implied Consent
Being arrested for DUI is stressful enough, but it’s possible to make matters even worse by not knowing California DUI chemical tests and implied consent rules. It’s difficult to know exactly what a DUI arrest may bring, but you can be better prepared by knowing what steps the arresting officer may take, as well as your rights throughout the process.
You can refuse to take a field sobriety test without facing automatic penalties. That said, you are still subject to arrest with or without the test results, and the officer is likely to still go forward with the arrest if they have noticed other signs of impairment. Refusing the test may also introduce complications in your case down the road.
Due to California’s implied consent law, you typically cannot refuse to take a breath or blood test during a DUI arrest. Refusal results in suspension or revocation of your driver’s license. However, you are allowed to choose between a blood or breath test in most cases.
If the arresting officer requests that you take a breathalyzer after a lawful arrest, you can ask to submit a blood or urine test instead. It’s important to note that you can refuse a handheld Preliminary Alcohol Screen (PAS).
Hire a DUI Lawyer in California to Discuss Your Options After a DUI
DUI is taken very seriously in California. If you’re facing charges for impaired driving, it’s wise to hire a DUI lawyer to help you understand your legal options after an arrest and to advocate for your interests in and out of the courtroom. Daniel Kolacia of Kolacia Law Firm has been representing Californians in DUI cases for over 20 years.
Daniel Kolacia is a former DA who founded the Vehicular Homicide Unit and still trains law enforcement on DUI. Our firm is deeply familiar with California DUI laws, and we have extensive experience handling cases in various state criminal courts.
Over the years, we’ve earned a five-star Google rating from our clients throughout San Bernardino, Riverside, and Orange Counties. We’re also accredited and A+ rated by the Better Business Bureau.* You may have even seen some of our higher-profile cases featured on CNBC, Dateline, and the Los Angeles Times, as well as a handful of local papers.**
FAQs
Can I Go to Jail for Denying a Breathalyzer During a DUI Stop in California?
Yes, it’s possible to go to jail if you refuse a breathalyzer during a DUI stop in California. You have the right to deny a breath sample used as a preliminary alcohol screening before an arrest. However, an arrest can still be made if the officer has probable cause.
Every resident with a driver’s license automatically consents to chemical testing if they are arrested for suspected impaired driving. Refusing these tests can result in the suspension or revocation of your license.
Is DUI a Misdemeanor or a Felony in California?
DUI can be a misdemeanor or a felony in California, depending on the driver’s level of intoxication and criminal history and whether or not there was an accident. Common aggravating factors that escalate DUI charges include:
- Causing serious injury or death
- Driving under the influence with a minor
- Driving with a suspended or revoked license
- Having an extremely high blood alcohol concentration (BAC)
- Having multiple convictions in a 10-year period
How Do I Defend Against DUI Charges in California?
How you defend against DUI charges in California ultimately depends on the details of your case and your criminal record. The process typically involves challenging the legality or validity of your arrest and the subsequent processing. Common defenses a California DUI attorney is going to discuss with you include:
- Improper field sobriety test administration
- Invalid chemical test results
- Lack of probable cause
- Medical defenses
- Rising BAC
- Unlawful traffic stop
- Violations of constitutional rights
How Long Is My License Suspended After a DUI Arrest in California?
How long your license is suspended after a DUI arrest in California can vary based on your criminal history and the facts of your specific case. DUI in California can trigger an administrative suspension. A first-time offense can lead to a four-month administrative suspension.
You can also face a license suspension as a penalty after a criminal case. It’s important to note that criminal suspensions and administrative suspensions are completely separate from one another.
Contact a Knowledgeable California Divorce Attorney
If you’re facing DUI charges in California, Kolacia Law Firm is the team to call. You can contact our office to schedule an initial appointment today. We’re conveniently located near I-10 and I-15 in Southern California.
*Reviews from past clients and industry accolades do not guarantee future case results. Each organization has different selection criteria.
** Previous case results cannot guarantee future outcomes. Each case is different and should be evaluated according to its merits.
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