San Diego, CA- If you get pulled over and an officer thinks you are intoxicated, they are going to ask you to submit to a breathalyzer. You may not realize it, but you can refuse to submit to a breathalyzer though you need to be aware there are consequences for choosing that option. USAttorneys will discuss some of the pros and cons of refusing a breathalyzer in San Diego.
Many Californians have this notion that if they refuse to participate in field sobriety tests or breathalyzers. That may have been true at one point in the past, but it isn’t any longer. Legislatures in all states wizened up and passed laws to keep motorists from exploiting that loophole. California has an implied consent law. According to the law, any individual who receives a driver’s license is required to comply with an officer’s requests. That means you must agree to field sobriety tests, a breathalyzer or chemical tests or you will have your license suspended right away. Your driving privileges are taken away immediately.
The penalties for refusal in California include a one-year suspension of your driver’s license and a $125 fine. If you do refuse, your license will be seized immediately, and unlike other states, there is no option to get your license back. If you reject a breathalyzer for the second time, your license will be suspended for two years.
Another reason, refusing a breathalyzer is a risk is because you could face additional charges, meaning you might be accused of a refusal and a DUI at the same time. That means you face double the consequences. Also, refusing makes you look guilty, and a judge or jury may decide you are based solely on your refusal.
Of course, some situations would make refusing a breathalyzer the better choice. For instance, if you are very intoxicated and know your blood alcohol concentration is high, it might be better in the long run to refuse a breathalyzer. That is because you face aggravated DUI charges for a high BAC and could face severe penalties, much less than the penalties for a refusal. You’ll have to decide while you are stopped if you are going to submit to a breathalyzer.
If you have been pulled over for a DUI and have been charged with any related expenses, USAttorneys recommends you consult with a DUI lawyer in San Diego. They can provide you with a solid defense and possibly minimize the consequences you are facing. Contact a defense lawyer today and arrange a time to talk about your case.
You can minimize the consequences of a refusal by getting legal assistance.