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Refusing a chemical test in California

On Behalf of | Jan 25, 2021 | DUI |

When a driver has been pulled over for a DUI in Northern California, they know they are in big trouble. It is important that a driver remain calm and understand that they do have legal rights in this situation. If a driver is arrested for a DUI, they should understand the laws regarding a chemical DUI test in California.

Consequences of DUI

In California, once a person has been lawfully arrested for a DUI, they must consent to a chemical test. If they do not submit to a DUI breath test, they will face penalties for a chemical test refusal. These penalties are in addition to the penalties they will be facing for the DUI. The penalties for a chemical test refusal include:

  • Additional jail time
  • Driver’s license suspension
  • Extra time in DUI school

DUI defense options

An attorney who specializes in DUI defense may be able to offer some defenses to help fight the penalties for refusing to take the DUI chemical test. Some common defenses include:

  • The arrest was unlawful
  • The refusal was the result of an injury that was not caused by drugs or alcohol
  • The officer did not advise the defendant of the consequences of a chemical test refusal

A person who is facing a DUI charge should understand that DUI is a serious crime that should not be taken lightly. An attorney understands the many ways a DUI arrest can go wrong including road conditions, medical conditions their client may have, or a car malfunction. They understand the stakes are high for a DUI and will work to see that the charges their client is facing are minimized or dismissed whenever possible.