Implied Consent Law
Can You Refuse a BAC Test in the Bay Area?
Have you been pulled over and arrested for DUI? Every state has its own laws, but in the state of California, you could face immediate and severe consequences if you refuse a chemical test. The reason for this is outlined in implied consent laws, which essentially assume that if a law enforcement officer suspects you of DUI, you have already given permission to a test.
These laws can be incredibly confusing, which is why having strong legal defense is essential. Our Bay Area DUI attorney, Shelley D. Dwyer, has more than 30 years of experience in this area of the law and can ensure you understand your rights and legal options.
Contact the Law Office of Shelley D. Dwyer today at (650) 419-2940.
What Is Implied Consent in DUI Cases?
Implied consent laws outline what will happen to a person who is arrested or pulled over under the belief that they were driving under the influence. Simply put, these laws state that if a person is lawfully arrested, they automatically consent to a chemical test to determine their BAC. These laws have been put in place to try to stop people from driving under the influence and are strictly enforced.
Implied consent applies to the following types of testing:
- Blood testing
- Breathalyzer testing
- Urine testing
Understanding the Specifications of Chemical Testing
Although these laws are intended to stop and prosecute DUI offenders, this does not mean you have no rights. The same implied consent laws indicate that you can be arrested for DUI even if you were not driving at the time of the arrest. Additionally, the test must be given within two hours of the time of the arrest. If you refuse a chemical test, your license will be immediately taken and could be suspended for up to a year, depending on the exact circumstances (such as if it is the first or subsequent refusal).
Reach out to our firm now at (650) 419-2940 to request a free case consultation with a Bay Area DUI lawyer.