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Do I Have to Take a DUI Test if I Haven't Been Drinking?

If you have a valid California driver’s license, you must submit to chemical test under California’s implied consent law. This law means that if law enforcement has pulled your car over and has reason to believe you have been driving under the influence or alcohol or drugs, you must take a chemical (breath, blood, or urine) test if they request it from you.

Otherwise, your driver’s license will be automatically suspended, whether you were actually drinking alcohol or not that day. To learn more about California’s implied consent law under Vehicle Code Section 23610-23614, click here.

The test can be a choice between a breath, urine, or blood and must be taken at the time of the arrest. However, a driver who has not been arrested for DUI may have a police officer ask him or her to take a preliminary breath test (PAS).

The police use the PAS test (a handheld breath test that’s conducted roadside) to establish probable cause that the suspect was driving under the influence. If the PAS test registers enough alcohol in the suspect’s system, the officer will then arrest the DUI suspect. No matter the situation, every driver in California must abide by these laws.

Should I take a breath test if I haven’t been drinking?

A driver who has not been drinking must also take a breath test or face the same consequences as any person who has been pulled over for drunk driving. A driver who refuses to take a BAC test faces:

  • Fines
  • A minimum one year driver’s licenses suspension

Even if you have not been drinking, it may be in your best interests to take a BAC test. An officer who believes that you may be under the influence can arrest you and you could be found guilty of a DUI even without this evidence.

A negative breath test when you have not been drinking will act in your favor. Refusal to take the test means that there is no proof that you were not driving under the influence when you were arrested.

The court may further view the refusal as an admission of guilt for driving under the influence. Any driver pulled over on suspicion of DUI has the right to a DUI defense attorney, whether or not they were under the influence.

To ensure that your rights are upheld, call the Law Offices of Virginia L. Landry, Inc. Our firm focuses on DUI defense so you know that you are getting the best representation for this crime!