Los Angeles, CA– If you are pulled over by police because they suspect you might be drunk, they are going to ask you to submit to field sobriety tests. Those tests often include activities to test your coordination and your cognitive abilities, but they also include breathalyzers, urine or blood tests. If you are like many Californians, you may have the mistaken yet common notion that refusing chemical tests will keep them from being charged with a DUI, but will it?
The short answer is “No,” you refusing a breathalyzer or field sobriety test won’t keep you from being charged or convicted of a DUI, but it could. No two cases are alike, so either way, USAttorneys wants to encourage you to speak with a DUI defense lawyer in Los Angeles, California to build your defense whether you agreed to a breathalyzer or not.
California has an implied consent law, like every other state. Implied consent laws state that motorists must agree to field sobriety tests, breathalyzers and chemical tests no matter what. It’s a condition obtaining a driver’s license, so there are consequences for refusing a test.
If you refuse a breathalyzer in Los Angeles, an officer can take your license immediately, and it will be suspended for at least one year. You can challenge a license suspension, but to be successful, you must show that the officer who pulled you over failed to explain the consequences of refusing a breathalyzer. There is a possibility that you may be able to keep limited driving privileges if you can prove it would too much of a hardship for you and your family.
What’s more, refusing a breathalyzer could result in double the charges; one for refusal and one for DUI. And refusing to submit to a breathalyzer is likely to make you look bad to the prosecution, judge and jury if your case goes to trial. Basically, refusing a breathalyzer could end up making matters worse for you, except in some circumstances.
One of those circumstances is if you had a high blood alcohol concentration which often results in enhanced penalties. Say for instance your blood alcohol concentration was 0.15 or higher, you might be better off refusing the test and avoiding a harsh penalty.
Unfortunately, when it comes to the question: Should I refuse a breathalyzer in Los Angeles? The answer depends on so many factors including how much you had to drink, and the decision must be made on the spot. Whether you were charged with refusal or with a DUI, USAttorneys recommends you speak with a DUI lawyer serving Los Angeles. They can help you with your defense and work to minimize the consequences of your charges.
USAttorneys can help you find accomplished defense lawyer. All you have to do is visit our contact page and answer a few questions, and we’ll help you find the right lawyer to work on your case.
Don’t fool yourself into believing avoiding a breathalyzer is your ticket out of a DUI.