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What is the "Implied Consent" Law?

"V C Section 13353 Refusal of Chemical Test"

Many DUI investigations begin when an officer suspects that a motorist is drunk and requests a blood or breath test. While the driver can refuse, he / she will also suffer the penalties of California's implied consent law.

Research suggests that about 20% of DUI suspects refuse blood or Breathalyzer testing.

Drivers agree to submit to chemical testing if police suspect that they are DUI. Under implied consent laws, operating a car indicates that you agree to chemical testing. However, the police can only ask for a test if they have a valid reason to suspect drunk driving. If the driver refuses the test, he /she could face an automatic license suspension.

"What happens if I refuse a Breathalyzer test?"

California law allows law enforcement to give a citation. You can also face added legal penalties if convicted of DUI. These include:

  • DUI School (Nine Months)
  • License Suspension (One Year)
  • Extra Jail (Two Additional Days)

If you are convicted of a second DUI offense and refuse chemical testing, these penalties will increase. The DMV can revoke your drivers' license for three years if you refuse to take a chemical test during your third DUI arrest. If convicted, you could face an additional 96 hours of incarceration.

If your drivers' license is suspended or revoked, the DMV will not issue a provisional license. You are not allowed to drive no matter what.

Legal Defense Strategies for Chemical Test Refusal

Facing an arrest is never easy. If you were arrested for drunk driving and did not complete the chemical test, you need a skilled DUI defense attorney. You do not have to face this challenge alone. With the right DUI defense attorney on your side, you may be able to avoid the consequences of an unfair criminal conviction.

Common Defense Strategies

  • The arresting officer did not have probable cause to conduct a traffic stop
  • The suspect did not actually operate a motor vehicle
  • The offer did not have any reason to believe the motorist was drunk

At the Law Offices of Virginia L. Landry, Inc., we are committed to giving defendants topnotch legal guidance. Learn more about your rights after a DUI arrest when you contact our team today.