The California implied consent law states that ” A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153.” If a blood or breath test, or both, are unavailable, then a chemical test of urine will be used. Not everyone knows everything about the California implied consent law, so below you will find some important tips about chemical tests and this law.

1. You must submit to a chemical test if you are arrested

Some states across the US, including California have implied a consent law requiring drivers to submit to a chemical testing if they are arrested on suspicion of a DUI. Though field sobriety tests do not have to be taken, including a breathalyzer, if the law enforcement officer arrests you because he feels he has enough evidence to do so, you will have to submit to a chemical test or face losing your license for a year.  If this does happen to you, it’s wise to contact an experienced attorney who specializes in DUI laws.

2. You have three options of tests

Due to the California implied consent law, you are obligated to submit to one of these three tests or you could face harsh consequences. If you are subjected to chemical testing, you have the option of choosing a breath, blood, or urine test to confirm that you were under the influence of alcohol upon arrest. Usually, a breath or blood test is offered immediately following your arrest, and a urine test is usually issued as a last resort. Urine testing can prove to have many discrepancies compared to the blood or breath tests, but know that all three of these tests can be proven to be inconclusive. For this reason, it’s not a bad idea to contact a DUI lawyer like Max Gorby to fight for you and attempt to throw out the chemical tests given to you at the police station.

3. There can be harsh penalties for refusal

If you are caught but refuse to take the chemical test, there will be penalties attached to you. The minimum penalty for the first time refusal will be a minimum of a 1-year license suspension. If you have already been convicted of DUI within 10 years, your license suspension could last up to two years or more. In addition, a violation of Vehicle Code § 14905, could also cost you up to $125 in fines.

4. Sickness or Illness are no exception

The test will be taken after you are arrested by the law enforcement officer. The officer will then offer you two initial choices – a breath test or blood test. Due to medical conditions and illnesses, some people may be limited in their capacity to comply with chemical testing. People with a respiratory disorder, those who are taking the anticoagulants for heart conditions or people who have hemophilia could be exempt from taking any of the alcohol tests. This does not mean they are off the hook, however. It’s smart to consult with a knowledgeable attorney to determine the next steps to take when combating your DUI case.  

5. DUI Lawyers can help tremendously

An attorney like Max Gorby who specializes in DUI law can help you get your case reduced or dismissed regardless of what your blood alcohol content may or may not be. There are many factors that play a role in a conviction of a DUI, and with a smart attorney on your side, you can use the police officer’s tactics and protocols against them!

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