QUESTION
What happens if I refuse a breathalyzer in California?
Asked on Jan 28th, 2013 on DUI/DWI - California
More details to this question:
I heard mixed things about if you can refuse the breathalyzer or not. I also had a friend have a beer and drive an hour after and get pulled over and he did the test cause he wasn't drunk. But the cop said he blew .09 so arrested him for DUI. I don't think that legit and don't want it to happen to me but can anything bad happen if I refuse the test?
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes.? You can have your license taken for a year on a first time offense and the DA can argue to the jury that you refused the test because you knew you were under the influence.? That would be?circumstantial evidence against you.
Answered on Feb 07th, 2013 at 2:50 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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No mystery there. Refuse the test and lose your driver's license for a year, automatically, no appeal. You also PO the police and prosecutor with your attitude / stupidity, and thus suffer in plea bargaining.
Answered on Jan 29th, 2013 at 8:56 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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California is an implied consent state which means that in order to receive a drivers license you are consenting a test of your blood or breath if arrested for suspicion of driving under the influence. Failure to provide a sample of your blood or breath may result in the loss of your driver's license or privilege to drive in California for a year, or more. You should definitely consult with an attorney regarding the facts of your case, possible defenses and likely outcomes.
Answered on Jan 29th, 2013 at 8:38 AM