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Subscribe to this list via RSS Blog posts tagged in implied consent

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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sobriety testing, San Jose criminal defense attorneyIf you have been accused of driving under the influence in California, there are several things you need to know to know about your rights when it comes to chemical testing. Whenever you get behind the wheel of a car in the United States, you are under the auspices of implied consent.

Understanding Implied Consent

Every state in the country has some form of implied consent law, which means that by operating a vehicle on a public road, you are agreeing to submit to chemical testing if pulled over and asked by an officer of the law to undergo a test. Refusal to submit to a requested chemical test when driving on a public road is a violation of the law, and punishment can be much harsher than it would have otherwise been. That is, fines and jail time could be greater than if the chemical test had revealed that you were driving with a blood-alcohol level above the legal limit.

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