Orange County DUI Defense Attorney

Understanding Implied Consent and Breath Test Refusals

California follows Implied Consent laws in regards to breath tests, breathalyzer tests and other chemical tests used to determine or measure the presence of alcohol or drugs in the system of a driver suspected of DUI. Refusal to submit to chemical testing will result in the one year suspension of your driver’s license, and multiple refusals may result in additional penalties.

The DUI defense lawyers at Gold & Witham are experienced in dealing with driving under the influence cases which involve breath test refusal. In fact, there are specific defenses which may be applicable to a breath test refusal, in order to avoid the penalties associated with this offense. Our attorneys will review the circumstances of your particular arrest and testing in order to determine what DUI defense will work best for your case.

Note: Chemical test refusal, and Implied Consent, refers only to the testing given at the police station after a DUI arrest, not the portable device an officer may present at the scene. Submitting to a portable breath test is not mandatory for any driver over 21 years old.

Breath Test Refusals in Orange County

We recommend that you consult an Orange County DUI defense attorney as soon as possible if you have been arrested for driving under the influence, particularly if you are accused of breath test refusal. This offense, without proper representation by an aggressive lawyer, may result in the suspension of your driver’s license, vehicle seizure and more. Specific penalties will depend upon the circumstances of your refusal.

Refusing a breath test or blood test can have a number of repercussions. First and foremost, an individual who refuses chemical testing may have his or her driver’s license suspended for one year. If a person with a prior DUI conviction on his or her record within the last ten years refuses a test, this may be grounds for the officer to impound his or her car. Multiple breath test refusals, just as multiple DUI convictions, will result in enhanced penalties and longer license suspension periods.

Contact an Orange County DUI lawyer at Gold & Witham today!