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When you are pulled over for suspicion of driving under the influence (DUI), you may eventually be asked to take a breath or blood test to determine your current blood alcohol content (BAC) level. Are these tests something you should allow? Or should you refuse them?
Our San Luis Obispo criminal defense lawyer can help you determine the right response for your situation. If you have run into trouble with the law, contact The Law Office of Trace Milan right away.
Whether or not you should refuse a BAC test depends largely on whether or not it is mandatory. Most breath tests conducted roadside using pocket breathalyzers are not mandatory. If you are worried about submitting to a breath test and yielding any result over 0.00%, ask the police officer if the test is mandatory. If it is not, refusing might be your best option.
Disadvantages of taking an optional breath test include:
If you do refuse to take a roadside breath test that is not mandatory, there should be no immediate legal consequences. However, do not be surprised if the officer wants to bring you into the station for blood or chemical testing. Remember: Never resist arrest or become outwardly uncooperative with a member of law enforcement.
When you are back at the police station, any sort of breath, blood, or urine testing conducted there will most likely be deemed mandatory. This is due to California’s “implied consent” law that states you will submit to mandatory BAC testing following a DUI arrest, or else accept the consequences. In California, refusing to take a mandatory test will suspend your license automatically for one to three years, depending on how many other refusals you have in the past. This is an administrative punishment, not a criminal one, so you cannot contest it in DUI court; it may be challenged in a hearing with the DMV.
You can always contest the results of a BAC test, though, by arguing:
In a typical DUI case, it is not in your best interest to refuse a mandatory chemical test. In addition to the immediate consequence of losing your license, the implied consent law also allows any future prosecutions to use your second refusal as evidence against you in court.
The Law Office of Trace Milan and our DUI lawyer in San Luis Obispo are known throughout the region for providing our clients unwavering, tenacious criminal defense representation in all manners of DUI cases. We do it all with your pocketbook in mind, offering flat-fees for many of our services that have been heralded as reasonable and fair. Let us know what happened to you during an initial consultation and we can tell you what you can expect and what you should do next.
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Our advocacy has been sharpened in the courtroom: We know how to provide strong defense in the toughest legal arena.
Our attorney is with you when you need guidance most. We treat each client with care and respect, offering one-on-one counsel.
Since we charge a flat fee, you will never be hit with hidden costs. We offer reasonable attorney fees and payment plans.
We offer convenient office hours and weekend appointments so that we can review your options at a time that works best for you.