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Subscribe to this list via RSS Blog posts tagged in BAC test

Posted on in DUI

Understanding the Nuances of Implied ConsentCalifornians who have been arrested on suspicion of driving under the influence of alcohol or drugs have a difficult decision to make when it comes to blood alcohol content tests. According to California’s vehicle code, those who have a California driver’s license have implicitly consented to a BAC test after their DUI arrests. Test results can be damning evidence against suspects in DUI court cases. However, people who refuse the test face legal punishments, including:

  • Driver’s license suspension;
  • Fines; and
  • Additional penalties if convicted on a DUI charge.

Even without the results from a BAC test, prosecutors have successfully used a defendant’s refusal as proof of his or her guilt.

If you have been arrested on suspicion of DUI, the arresting officer is required to inform you of your rights regarding BAC tests. With the stress of the situation, you may overlook some key nuances to the law.

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