Stockton Breathalyzer Refusal Attorney
In the State of California when you get pulled over, and the police suspect that you have been driving under the influence do you have to take a breathalyzer test? What about blood or urine sample? Do you know what happens if you decide not to? In this article, we are going to cover the penalties of chemical test refusal and why you should contact a Stockton Breathalyzer Refusal Attorney.
Implied Consent And What It Means To You
In the State of California, it is required by law to submit to blood or breath test if you are arrested for driving under the influence. Because California has an implied consent law you must, if lawfully arrested for DUI, submit to chemical testing to determine your blood alcohol level (BAC). The blood or breath test must be taken at the time of your arrest. If you are not able to give a blood test for a medical reason, you may not have to give a blood test. If you have been arrested for DUI, it is important that you contact a Stockton Breathalyzer Refusal Attorney.
In California, there is also a law that goes alongside the implied consent law which allows the police to take a preliminary breath test regardless if you have been arrested or otherwise. Much like a field sobriety test the results from this initial analysis will be used to establish whether or not the police have probable cause to arrest you for a DUI. It is important that you know you do not have to take the preliminary test. It is also important to keep in mind that if you do not take the test, it will not likely be in your favor since it may cause the officer to believe you have been drinking which may cause you to be arrested. If you have been arrested for a DUI and have refused to test, you should contact a Breathalyzer Refusal Attorney.
If you do decide to refuse the Breathalyzer, it is important that you keep some things in mind. If you are convicted of refusing to take the breathalyzer for your first offense, you will lose your license for one year. You will lose your license for an additional year for each offense. You will also be required to pay a fine of 125 dollars.
Contact A Stockton Breathalyzer Refusal Attorney Today!
If you or a loved on has been arrested for a DUI and refused the breathalyzer it is important that you do not stand alone. At the Law Office of Erica Bansmer, we have been handling DUI cases for over a decade and are ready to assist you. We can advise you on the very best course of action in your DUI case and make sure that you get the most optimal results. If you would like to contact our office we are available at any time for a free consultation at 209-474-2400.