Who can refuse a breath test when suspected of DUI?
You have the right to refuse to submit to a breathalyzer test, or “breath test”, any time; the only exception being if you are under the age of 21 in which case you will be summarily arrested if you refuse.
What about field sobriety tests?
You also have the right to refuse to do a field test such as the one leg stand, walk and turn, gaze nystagmus test or others.
Why don't I have to taken these tests if the police officer asks?
These are all voluntary, pre-arrest tests that a law enforcement officer may ask you to do after you have been pulled over for suspected drunk driving or other driving under the influence charge. Be warned that if an officer has pulled you over, he may have already intended on arresting you for DUI and taking you to get a blood test. If you refuse a breathalyzer or other voluntary test, you may be arrested anyway. An Alameda and Contra Costa County criminal defense attorney at the Gorelick Law Offices has defended clients successfully against a variety of DUI and DUI related charges. Attorney Lynn Gorelick may be able to help you or someone you know who has been arrested after refusing a breath test for DUI.
Which tests can I refuse during a California DUI investigation?
Technically, you can refuse any field test or blood test for DUI.
Are there any consequences for refusing a blood alcohol test during a California DUI arrest?
However, if you refuse a blood alcohol concentration (BAC) test performed at a hospital or other medical facility properly certified to perform blood tests, there are repercussions. In this case you may have enhancements added to your DUI charge which can significantly increase the penalties for a conviction. By obtaining a California driver's license and driving your vehicle, you have given “implied consent” to submit to a BAC blood test if requested to do so by an officer. To refuse to do a blood test for your BAC may result in higher fines and longer jail time being assessed.
This is why it is so important to consult with an Alameda and Contra Costa County DUI defense attorney who is well versed in DUI law.