Refusing a Breathalyzer test during a pullover may seem to many, a legal right. The Fourth Amendment to the US constitution does guarantee protection against unreasonable searches and seizures. However, the federal government treats Breathalyzer or sobriety tests as an exception.
You should understand the legal consequences of refusing a Breathalyzer test. Here, we will explain the legal context of sobriety tests in California.
You should understand the legal consequences of refusing a Breathalyzer test. Here, we will explain the legal context of sobriety tests in California.
Refusing to Submit to a Breathalyzer Test: What are the Legal Repercussions?
Refusing a Breathalyzer test in California is considered an offense. In California, the 'implied consent laws' state that a person who drives a vehicle has given implied consent to sobriety tests. Driving is considered a privilege, and not a right. The state can revoke this right at any time if you are considered a risk to others while you’re on the road.
If an officer arrests you and there is a probable cause to believe that you have been driving under the influence of alcohol, you automatically consent to a sobriety test according to the implied consent laws in California. The sobriety test can be a Breathalyzer test, a blood test, or a urine test. You are required to take a urine test if breath or blood test is not available.
By receiving a driving license in California, you implicitly comply with a preliminary sobriety test. The officer may tell you that you could refuse the test. But this can result in penalties. If you refuse a test, it implies that you were driving while being over the legal blood alcohol limit.
In addition, the 5th Amendment does give you the right not to incriminate yourself by being forced to talk to the police or give a testimony, the right does not extend to drunk driving cases. You are not permitted to refuse a sobriety test since this does not incriminate you of guilt. The results of the test will determine whether you are guilty of an offense.
If an officer arrests you and there is a probable cause to believe that you have been driving under the influence of alcohol, you automatically consent to a sobriety test according to the implied consent laws in California. The sobriety test can be a Breathalyzer test, a blood test, or a urine test. You are required to take a urine test if breath or blood test is not available.
By receiving a driving license in California, you implicitly comply with a preliminary sobriety test. The officer may tell you that you could refuse the test. But this can result in penalties. If you refuse a test, it implies that you were driving while being over the legal blood alcohol limit.
In addition, the 5th Amendment does give you the right not to incriminate yourself by being forced to talk to the police or give a testimony, the right does not extend to drunk driving cases. You are not permitted to refuse a sobriety test since this does not incriminate you of guilt. The results of the test will determine whether you are guilty of an offense.
Remember that refusing to take a test does not guarantee that the officer can't arrest you. If the officer has a reason to believe that you were driving while intoxicated, and you refuse to take the test, the officer can arrest you. So, it's better that you submit to the test to avoid any legal trouble. Refusing to take the test can result in additional charges even if you later provide a sample.
For more information about drunk driving laws in California, you should contact an experienced DUI attorney. If you were arrested in Redlands for DUI or anywhere in the Inland Empire, our listed attorneys can provide you expert counsel regarding drunk driving. You can contact us today for a free, no-obligation initial interview. We have a successful track record of handling all types of DUI cases in California.
For more information about drunk driving laws in California, you should contact an experienced DUI attorney. If you were arrested in Redlands for DUI or anywhere in the Inland Empire, our listed attorneys can provide you expert counsel regarding drunk driving. You can contact us today for a free, no-obligation initial interview. We have a successful track record of handling all types of DUI cases in California.
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