DUI Law | Chemical Test Refusal

Chemical tests are used by police officers to determine your blood alcohol level at the time you are stopped for a DUI and/or when you have been arrested for a DUI. There are three chemical tests that can be used to determine your blood alcohol level - breath, blood, and urine. 

Under California's "Implied Consent" law, you are deemed to have consented to a chemical test if you drive a car in California and are lawfully arrested for a California DUI. This means that if you are driving a car in California, you must submit to a chemical test after you have been lawfully arrested for a DUI, or else you could face the consequences of a chemical test refusal. The key words here are "lawfully arrested." 

This means that the Preliminary Alcohol Screening (PAS) test offered at the side of the road prior to arrest is not mandatory and can be refused. The PAS test is normally administered once you have been pulled over to help the police officer determine whether he/she should arrest you. However if you are under the age of 21, a PAS test is mandatory. 

If you refuse a chemical test after your lawful arrest, you will be subject to license suspension and jail time. You should be careful about your actions after you have been arrested. There are many situations that might unknowingly bring an officer to allege that you have refused a chemical test. Some common examples of behavior that can be construed as a refusal are: 

1) Choosing which test you want to do when a choice has not been presented to you.
2) Remaining silent when the officer has repeatedly asked you to submit to a chemical test.
3) Failing to complete a test. 
4) Refusing to submit to a chemical test and then changing your mind.

Whether you refused a chemical test or not, the Law Offices of Lucy Zheng has the knowledge and expertise necessary to fight your DUI and get you the best results possible. Contact us for a free consultation and evaluation of your case.