Law Offices of David M. Wallin Articles The Implied Consent Law in California

The Implied Consent Law in California

By Law Offices of David M. Wallin  Jul. 25, 2011 12:31p

What does it mean in a DUI case?

Like most states, California maintains an "implied consent" law. This means that when you are licensed by the DMV to operate a motor vehicle, you are giving your consent to undergo a chemical test if you are stopped by law enforcement on suspicion of drunk or drug-impaired driving. A chemical test consists of a breath or blood test. Urine tests are generally only given in the case of suspected drug influence. After any arrest, therefore, you are generally taken to the police station where the chemical test will ensue.

This aspect of a DUI case may be confusing because you may have been given a hand-held Preliminary Alcohol Screening (PAS) test when you were stopped and before you were arrested. This test does not actually constitute a chemical test. It is considered a field sobriety test, used to help law enforcement decide whether or not to arrest you on suspicion of a DUI. After submitting to this test, if you refuse the chemical test which may follow, you will be subjected to the consequences of a chemical test refusal.

What are the consequences of refusing a chemical test?

If you refuse to submit to a chemical test, you face consequences from both the DMV and the courts. The DMV's action will be to suspend your driver's license. On a first offense, this suspension will be for one year. On a second DUI offense within 10 years, it will be for two years. On subsequent offenses, the suspension will last for three years. To avoid this, you have 10 days after your arrest to request a hearing with the DMV where you will have the opportunity to argue your case for keeping your license.

You will also have to handle the criminal aspect of your case through the courts and what happens there will depend on what the prosecutor wants to do. Without corroborating evidence that you were intoxicated or drug-impaired, your charges may be reduced or dropped. If your case is prosecuted, however, and you are convicted, you face 48 hours in a county jail and a nine-month attendance at a California DUI school on a first offense.

The best and most effective action you can take in the face of a possible DUI conviction in Palmdale, Lancaster, or Victorville, California is to get the legal counsel of an experienced and highly-qualified Palmdale DUI attorney. You will want someone who has the knowhow and skills to mount a strong defense. That is what you will get from Palmdale criminal defense attorney David Wallin and his outstanding legal team. Whether you have refused a chemical test or not, he and his team will take aggressive action to keep you out of jail, maintain your driving privileges, and avoid all of the other negative consequences of a DUI conviction.

Contact Palmdale criminal defense lawyer David Wallin if you are facing a DUI today.

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