Were you arrested for a DUI? Did you refuse to take a breathalyzer? Even if you were not drinking, you can get into trouble for a chemical test refusal. The law requires you to take a blood, breath or urine test. This holds after a lawful arrest.

Implied Consent

Under California’s implied consent laws, you are legally required to submit to chemical sobriety tests. Penalties for chemical test refusal:

• First Offense: 1-year Driver’s License Suspension, $125 fine
• Second Offense: 2-year Driver’s License Suspension, $125 fine
• Third Offense: 3-year Driver’s License Suspension, $125 fine

California DUI

The chemical test refusal may not be your only charge. You can still be accused of the DUI. DUI convictions have stiff penalties:

First Offense:

• Up to 6 months in jail
• Up to $1,000 in fines
• Up to 10 months License Suspension

Second Offense:

• Up to 1 year in jail
• Up to $1,800 in fines
• Up to 2 years License Suspension

Third Offense:

• Up to 1 year in jail
• Up to $1,800 in fines
• Up to 3 years License Suspension

DUI charges will go on your record. You can be denied jobs. Your insurance rates will go through the roof. If you are accused of chemical test refusal, you need a DUI attorney.

Chemical Test Refusal Defense

There are many possible defenses for breathalyzer refusal. One is that the arrest was unlawful, and the officer needed probable cause. If we can prove the officer did not have probable cause, the charges can be dropped. The U.S. has laws to protect its citizen, and chemical test refusal is only illegal if the arrest was legal.

If the officer did not explain the consequences of chemical test refusal, you can’t be punished. The officer is legally required to tell you. The officer is also required to have paperwork proving he told you about the penalties. Sometimes police officers forget to do the paperwork which can also lead to your charges being dropped.

Another defense is that you did not refuse the breathalyzer. If you had trouble taking the first test, that is not the same as chemical test refusal. The police legally have to offer you another type of test to measure your BAC or blood alcohol content. If you requested the qualifications of the one giving the test, that is not refusal either.

Attorney Erica M. Bansmer

Stockton Chemical Test Refusal Attorney Erica Bansmer is an experienced DUI attorney. She has been practicing law for over ten years. Call 209-474-2400 for a free consultation. Don’t let one mistake ruin your life. Let us defend your rights.