Kosnett Law Firm

The consequences of BAC test refusal in California

When individuals are arrested for DUI here in California, one of the things they may be asked by officers is to take a chemical test to gauge BAC level. This could include things like a breath test or a blood test. Can a person refuse this test?

Under California law, a person is subject to penalties if he or she refuses a lawful chemical test request an officer made as part of a DUI arrest. So, while a BAC test could be refused, such a refusal can expose a person to significant consequences.

For one, it could lead to you losing the ability to drive for some time. Generally, a person’s license is to be suspended for a year if he or she refuses a lawful BAC test request. If a person had past refusals over the previous 10 years, the loss-of-license period is even longer. It jumps to a 2-year revocation for a second offense, and a 3-year revocation for a third or greater offense.

So, what a person does during a DUI arrest  can have big impacts. So too can how police act in connection to the arrest. Police behavior leading up to and during a drunk driving arrest can affect the validity of the arrest and whether the evidence the arrest led to can be used. So, when a person is facing DUI charges, the circumstances of the arrest are among the things it can be important to look into. Skilled defense attorneys can assist individuals with investigating this and other important details in DUI cases.

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