In California, the implied consent law means that if you operate a motor vehicle, you are considered to have given your implied consent to submit to a chemical test if lawfully arrested for DUI. The chemical test typically involves measuring your blood alcohol concentration (BAC) through a breath, blood, or urine test.
When you are lawfully arrested for a DUI in California, the arresting officer must inform you that refusing to submit to a chemical test can result in penalties A first refusal is punishable by a driver's license suspension for one year. A second refusal can lead to license suspension for two years, while a third refusal carries a three-year suspension period. Each refusal also results in a maximum fine of $125.
Remember, field sobriety tests are voluntary tests conducted by law enforcement officers at the scene of a traffic stop to assess a person's coordination, balance, and cognitive abilities, which may indicate impairment. You have the right to refuse to participate in these tests, as they are not legally required under implied consent.
Additionally, pre-arrest testing, such as preliminary alcohol screening (PAS) tests, typically involves a portable breathalyzer test administered by law enforcement before an arrest is made. In California, you are generally not required to take a pre-arrest PAS test unless you are under 21 years old or on probation for a previous DUI offense. Refusing a pre-arrest PAS test typically results in an administrative penalty, such as a driver's license suspension, but it is not considered a violation of the implied consent law.
If you have been arrested for a DUI or refused to take a post-arrest chemical test in Bakersfield, contact Brehmer Law Corporation today to schedule a free consultation.