Breath Test Refusals in the O.C.
Information from an Orange County DUI Attorney
California follows Implied Consent laws in regards to
breath tests used to determine or measure blood alcohol concentration (BAC). 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
The DUI defense lawyers at Gold & Witham are experienced in dealing
with driving under the influence cases that involve breath test refusal.
In fact, there are specific defenses that may be applicable to a breath
test refusal in order to avoid the
penalties associated with this offense. Our Orange County DUI attorneys can 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.
Refusing a Breath Test in Orange County
We recommend that you consult a 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. It is important to
note that even remaining silent or failing to complete a breath or blood
test can constitute a refusal in the arresting officer’s eyes.
Interestingly enough, if you were pulled over under suspicion of drunk
driving and you are asked to submit to a PAS test and you are over the
age of 21, then refusing this type of test does not warrant an automatic
license suspension. This is because the PAS is a field sobriety test and not a standardized
chemical test. If the officer does not have any other chemical testing
devices then you may be arrested and taken to a police station where you
will then submit to a chemical test.
Fight the penalties with Gold & Witham DUI lawyers!
Refusing a breath test can have a number of repercussions. First, 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 10 years refuses a test, this may be grounds
for the officer to impound his or her car. Multiple breath test refusals
will result in enhanced penalties and longer license suspension periods.
Your chance at avoiding these penalties comes with hiring a skilled DUI
defense attorney like the ones at Gold & Witham.
For a free evaluation of your case,
contact an Orange County DUI attorney at the firm today!