Can You Refuse A Breath or Blood Test After Getting Pulled Over For a DUI In Vista?
A driver stopped for suspected DUI in Vista may be asked to take a roadside breath test before an arrest during the investigative phase. After an arrest for DUI, officers can then request a more formal breath or blood test, which is usually done at the police station or jail, as evidence of alcohol and/or drug levels to show impairment and violation of California DUI laws. These tests have different legal procedures and consequences which need to be understood before any driver considers refusing the test.
Pre Arrest Field Breath Tests May be Voluntary – Post Arrest Testing is Different
In the field when initially contacted or pulled over, a Preliminary Alcohol Screening test, or PAS, is generally used during a DUI investigation prior to any arrest. Most adult drivers who are not on DUI probation or under the age of 21 may decline this roadside test. However, drivers under age 21 or on DUI probation will face additional penalties and suspensions if they refuse.
For drivers arrested for DUI, they are mandated to complete an evidentiary breath or blood test under California law. If they refuse, there are additional consequences including mandatory suspension of the drivers’ license.
Before official refusal, law enforcement must read the refusal admonishment. This advises drivers of these additional consequences. Officers will typically ask drivers one last time. Will you take a breath test? Will you take a blood test? If they still refuse, officers under California’s implied consent law, can seek what’s referred to as a telephonic warrant to draw your blood.
The bottom line: Law enforcement ends up getting the blood for analysis and you get additional significant penalties for refusing.
What Is The California Implied Consent Law?
California Vehicle Code Section 23612 provides that motorists who drive in California are deemed to have consented to chemical testing after a lawful DUI arrest.
Refusing a post-arrest chemical, authorized blood or breath test can lead to consequences separate from the underlying DUI charge. For a driver age 21 or older, a first refusal can result in a one-year license suspension, with no restrictions available, and other additional penalties. Subsequent refusals within the applicable 10-year period can carry longer license suspension consequences.
How Else Can Police Investigate DUI In California?
Police can build a DUI case using more than breath or blood results. Officers may consider driving behavior, physical observations, statements and field sobriety testing, all of which, are usually admissible in court.
Should You Ever Refuse A Breath or Blood Test?
The initial roadside PAS test prior to arrest is voluntary if you are 21 or over and not on probation for DUI. Post-arrest breath or blood testing are legally different and have additional significant consequences.
Refusing required testing after arrest under California law is not advised. It simply creates substantial license consequences and additional penalties while law enforcement will be able to get a telephonic warrant and get your blood anyway.
Why A DUI Arrest Is Not A DUI Conviction
What’s important to note is that a DUI arrest is an accusation, not a determination of guilt or a conviction.
As discussed in our article about what happens after a DUI arrest, the prosecution still must prove the criminal charge. Potential issues may involve the traffic stop, detention, testing procedures, calibration, and timing of rising or falling levels.
An experienced DUI defense lawyer can review all aspects of the case, explain what happens next and what need to be done to try to save your license and minimize possible consequences. Refusal issues could involve the arrest, timing of the refusal, whether the officer properly gave the refusal admonition and whether the response was in fact a refusal and meets California’s legal requirements.
Why Choose Christoph Law Offices To Defend Your DUI Charge?
Our father-son team has handled more than 5,000 DUI cases involving a wide range of scenarios. We’ve helped both civilians throughout North San Diego County and servicemembers stationed at Camp Pendleton facing DUI charges. William Christoph is a former prosecutor and former U.S. Marine Corps captain and know the unique issues facing servicemembers.
Located directly across from the Vista Courthouse for over 40 years, we know the law and defense available. Let us help.
Contact Our Vista DUI Defense Attorneys. Free Consultations.
Contact Christoph Law Offices in Vista at 760-941-5720 or reach us online to schedule a free consultation with attorney William R. Christoph or Nicholas W. Christoph.
