Do I Have to Take a Breath or Blood Test After a DUI Arrest?

According to California law, if you are licensed to drive a motor vehicle in the state and are lawfully arrested for DUI, you automatically offer “implied consent” to a chemical test upon arrest. In other words, you are lawfully required to submit to a breath, blood, or urine test to determine your blood alcohol content (BAC) in the event of a drunk driving offense.

Refusing a chemical test can result in the following enhancement penalties:

  • First DUI offense – Driver’s license suspension not exceeding one year, alcohol education courses for up to nine months, and a potential mandatory jail sentence of up to 48 hours, if convicted.
  • Second DUI offense – Driver’s license suspension not exceeding two years and a potential jail term of up to 96 hours.
  • Third DUI offense – Driver’s license suspension not exceeding three years and a potential jail sentence of up to 10 days.

Keep in mind, the implied consent law only applies to post-arrest chemical tests, not hand-held Preliminary Alcohol Screening (PAS) tests administered before an arrest. While PAS tests are not mandatory for adults, they are for motorists under 21 years of age.

However, refusal of this test may lead to arrest—at least the results cannot be used against you in court. Police often use these results to gather more evidence of probable cause to make an arrest.

If you have been arrested for a DUI in Bakersfield after taking a chemical test, Koenig Law Office can challenge the results and help you obtain the most favorable outcome in your case. Law enforcement must follow certain procedures to protect a suspect’s rights and provide transparency during a criminal investigation.

Failure to follow these procedures means that any evidence gathered at the crime scene can be thrown out of court. Without key evidence to convict a suspect, the case will essentially be dismissed.

For more information about our legal services, contact Koenig Law Office today at (661) 338-5353 and request a free consultation to discuss your case.

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