Chemical Testing for California DUI
Many people accept a court appointed attorney and plead out at the early stages of a DUI/DWI case because they adopt the false assumption that these chemical testing methods are based on reliable science and generate accurate results.
This could not be further from the truth! Many people do not even realize that breath testing devices do not even measure the alcohol in your blood. These alcohol testing devices use a ratio for conversion that can vary significantly between individuals. Further, many variances in terms of physiology, environment, and procedure can result in significant distortion of test results, and our experienced Inland Empire DUI defense attorneys often exploit these factors and outright errors to protect our clients from the harsh consequences of a California DUI/DWI conviction.
California’s Implied Consent Law
Given that chemical testing results generally provide the most important evidence in a DUI case in San Bernardino, Riverside, and other counties throughout Southern California, the logical tactic might seem to be to refuse to submit to chemical testing. Unfortunately, California, like most states, has an implied consent law that makes this a dicey strategy, at best.
Under California’s implied consent law, an individual who refuses a chemical test of breath or blood pursuant to a lawful arrest is subject to increased penalties. (While this also applies to urine tests, these are much less common in California DUI cases unless neither of the other chemical testing methods are available, or the officer suspects drug rather than alcohol intoxication). A first offense of refusing a DUI chemical test will result in the following penalties:
These penalties increase if the driver has prior DUI convictions or prior chemical test refusals. The most troubling aspect of the consequences for a DUI breath or blood test refusal is that the driver is ineligible for a restricted license. If you elect to drive your vehicle while your license is suspended or revoked, you risk mandatory jail time and the impounding of your vehicle.
This could not be further from the truth! Many people do not even realize that breath testing devices do not even measure the alcohol in your blood. These alcohol testing devices use a ratio for conversion that can vary significantly between individuals. Further, many variances in terms of physiology, environment, and procedure can result in significant distortion of test results, and our experienced Inland Empire DUI defense attorneys often exploit these factors and outright errors to protect our clients from the harsh consequences of a California DUI/DWI conviction.
California’s Implied Consent Law
Given that chemical testing results generally provide the most important evidence in a DUI case in San Bernardino, Riverside, and other counties throughout Southern California, the logical tactic might seem to be to refuse to submit to chemical testing. Unfortunately, California, like most states, has an implied consent law that makes this a dicey strategy, at best.
Under California’s implied consent law, an individual who refuses a chemical test of breath or blood pursuant to a lawful arrest is subject to increased penalties. (While this also applies to urine tests, these are much less common in California DUI cases unless neither of the other chemical testing methods are available, or the officer suspects drug rather than alcohol intoxication). A first offense of refusing a DUI chemical test will result in the following penalties:
- 2 additional days of incarceration
- One year driver’s license suspension
- Extended California DUI school (9 months rather than 3 months)
These penalties increase if the driver has prior DUI convictions or prior chemical test refusals. The most troubling aspect of the consequences for a DUI breath or blood test refusal is that the driver is ineligible for a restricted license. If you elect to drive your vehicle while your license is suspended or revoked, you risk mandatory jail time and the impounding of your vehicle.
Defenses in California DUI Chemical Test Refusal Cases
Although the negative impact of a refusal to submit to breath or blood testing can be harsh, our experienced Inland Empire Drunk Driving Defense Lawyers have successfully employed a number of defenses to protect our clients facing license suspensions for alleged refusals. While our approach in your case will be based on a thorough review of the facts and circumstances, defenses that we might employ include:
Improper Stop: If a California Highway Patrol or police officer pulls you over, he must have some legitimate basis for the stop. An officer may not stop you based on grounds like racial profiling (i.e., African-American driver’s presence in an affluent white neighborhood at night), hunches unsupported by articulable facts, or other inadequate or unlawful basis. If no lawful basis exists for the initial stop, our DUI defense lawyers can file a motion to suppress all of the evidence obtained during the illegal stop, including officer observations, roadside breath tests (also referred to as “preliminary alcohol screening” (PAS) or “preliminary breath test” (PBT)), field sobriety tests, or chemical testing. If this evidence is excluded, this will result in a dismissal of pending DUI/DWI charges.
Unlawful Arrest: Much of the interaction that occurs following a traffic stop when the officer comes to expect a driver is committing DUI will be aimed at developing “probable cause” for a DUI arrest. If the officer pulls a driver over for a driving offense that does not suggest impaired driving like a faulty taillight, the stop may be legal, but probable cause for a DUI arrest will be contingent on evidence acquired during the stop. This evidence will typically include the following:
If evidence acquired during a stop along with observations of the individual’s driving do not create probable cause of a DUI offense, the driver may not lawfully be compelled to submit to a chemical test because such a requirement can only be imposed after a “lawful arrest.” If an officer insists on arresting you and forcing you to submit to a chemical test, you should not resist because your attorney can later challenge whether the arrest was lawful.
No Refusal: If you do not “refuse,” a chemical test, this technically can be a defense too but the threshold for finding a refusal is very low. The officer does not need to give you a second chance and failure to produce enough air when blowing into a breath test device can constitute a “refusal.”
No Warning of Consequences: California law requires that you be advised of the consequences of refusing to submit to chemical testing following a lawful DUI arrest. If this advisement is not provided, a motorist’s refusal to consent must be excused.
Lack of Capacity: If your incapacity is responsible for your inability to consent or to provide a sufficient sample for testing, this constitutes a defense under some circumstances. The reason must be outside your control, so alcohol or drug intoxication will not excuse the failure to consent. However, a head injury or a medical condition like epilepsy can provide a viable defense.
Improper Stop: If a California Highway Patrol or police officer pulls you over, he must have some legitimate basis for the stop. An officer may not stop you based on grounds like racial profiling (i.e., African-American driver’s presence in an affluent white neighborhood at night), hunches unsupported by articulable facts, or other inadequate or unlawful basis. If no lawful basis exists for the initial stop, our DUI defense lawyers can file a motion to suppress all of the evidence obtained during the illegal stop, including officer observations, roadside breath tests (also referred to as “preliminary alcohol screening” (PAS) or “preliminary breath test” (PBT)), field sobriety tests, or chemical testing. If this evidence is excluded, this will result in a dismissal of pending DUI/DWI charges.
Unlawful Arrest: Much of the interaction that occurs following a traffic stop when the officer comes to expect a driver is committing DUI will be aimed at developing “probable cause” for a DUI arrest. If the officer pulls a driver over for a driving offense that does not suggest impaired driving like a faulty taillight, the stop may be legal, but probable cause for a DUI arrest will be contingent on evidence acquired during the stop. This evidence will typically include the following:
- Observations of the driver (bloodshot and watery eyes)
- Field sobriety tests
- Roadside breath tests
- Driver admissions
If evidence acquired during a stop along with observations of the individual’s driving do not create probable cause of a DUI offense, the driver may not lawfully be compelled to submit to a chemical test because such a requirement can only be imposed after a “lawful arrest.” If an officer insists on arresting you and forcing you to submit to a chemical test, you should not resist because your attorney can later challenge whether the arrest was lawful.
No Refusal: If you do not “refuse,” a chemical test, this technically can be a defense too but the threshold for finding a refusal is very low. The officer does not need to give you a second chance and failure to produce enough air when blowing into a breath test device can constitute a “refusal.”
No Warning of Consequences: California law requires that you be advised of the consequences of refusing to submit to chemical testing following a lawful DUI arrest. If this advisement is not provided, a motorist’s refusal to consent must be excused.
Lack of Capacity: If your incapacity is responsible for your inability to consent or to provide a sufficient sample for testing, this constitutes a defense under some circumstances. The reason must be outside your control, so alcohol or drug intoxication will not excuse the failure to consent. However, a head injury or a medical condition like epilepsy can provide a viable defense.
Roadside Breath Tests
Officers will frequently ask motorists to submit to a PAS or PBT prior to making a DUI arrest. This form of testing should be viewed as another form of field sobriety test which is not covered by California’s implied consent law. Although you cannot be penalized for refusing this test unless you are under 21 or have prior DUI convictions, keep in mind that the results can still be used against you in a DUI/DWI prosecution.
If you or a family member has been arrested for an alcohol-related driving offense in Riverside, San Bernardino, or another Southern California county, our experienced Inland Empire DUI attorneys provide aggressive DUI defense. If you are in jail or consider your situation to be time sensitive, you should let the receptionist know so we can respond promptly to your urgent request.
If you or a family member has been arrested for an alcohol-related driving offense in Riverside, San Bernardino, or another Southern California county, our experienced Inland Empire DUI attorneys provide aggressive DUI defense. If you are in jail or consider your situation to be time sensitive, you should let the receptionist know so we can respond promptly to your urgent request.