Implied Consent and DUI in California

California observes an “implied consent” law, which requires drivers to submit to chemical testing (such as blood, breath or urine tests) if they are suspected of DUI. In fact, when you apply for a driver’s license in California, you sign certain forms which contain your agreement to implied consent laws. Having a driver’s license is considered to be a privilege, not a right; this is part of the reason these laws are in place. Although a person can refuse a blood or breath test, this will result in the automatic and mandatory suspension of his or her driver’s license. Refusal of a chemical test may even be considered to be an admittance of guilt. In addition, even if you are found “not guilty” after your DUI trial, your license will still be suspended.

If you have refused blood or breath testing, you will definitely need a skilled DUI attorney on your side. For instance, if the officer did not inform you of implied consent and the consequences of you refusing a breath test, this may be used to your advantage in court. Regardless of the specific circumstances surrounding your implied consent refusal, a DUI attorney will need to advise you on your options.

Implied Consent in Southern California

Kestenbaum, Eisner & Gorin, LLP is a Southern California criminal defense law firm whose capable DUI attorneys share 50 years of courtroom experience among them. Our attorneys have tried hundreds of cases throughout California and also have extensive experience in prosecution as well. Having knowledge and experience of both sides of a DUI case has given our lawyers an edge both in and out of the courtroom.

Contact a Los Angeles DUI attorney at our offices regarding your breath or blood test refusal.