Last month a client called seeking defense of driving under the influence charges. When discussing his case, he said that he refused to take a chemical test because he was under the impression that it was better for his defense to refuse. Unfortunately for my client, as well as many other ill-informed Californians, California has what is called the implied consent law.
When a person obtains a license to operate a motor vehicle in California, they impliedly agree to abide by California Vehicle Code section 23162. California Vehicle Code section 23162 state in pertinent part, “A person who drives a motor vehicle is deems to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcohol content of his or her breath, if lawfully arrested…”
Essentially this means that when a person accepts a driver’s license, they agree that if they are lawfully arrested on suspicion of driving under the influence, they must agree to submit to a test of their blood or breath to determine their alcohol content.
Because most people do know of this relinquishment of rights, either because they were unaware at the time they accepted their license or it’s been so long that they do not remember, law enforcement are required to warn DUI suspects of the consequences of refusing a chemical test. As stated in previous posts, a chemical test refusal can increase the amount of time that a license is suspended by the DMV. Exactly how the officer informs the DUI suspect of the consequences of a chemical refusal is very important in fighting to save a license from a DMV suspension based on a chemical refusal.
Again, to reiterate my prior post on what to do if you are pulled over for DUI, ONLY submit to a station breath test because you MUST submit to a chemical test.
The post California’s Implied Consent Law appeared first on Law Offices of Taylor and Taylor - DUI Central.