Law Offices of Severo, PLC

Call Us At 888-983-1217 

To Schedule Your Free Consultation. Hablamos Español.

Fierce Defense Of Your Freedom And Rights

Implied consent in California: What you need to know

On Behalf of | May 9, 2022 | DUI |

Did you know that each time you get behind the wheel in California you have already given consent to testing if the police suspect you and arrest you for DUI?

This is because of California’s implied consent laws. Keep reading to learn what these mean for you. 

Understanding how implied consent works in California

Implied consent in California is different from other states. These laws only apply if you are arrested for DUI. 

If you deny chemical testing after you are arrested, it will likely result in fines and a one-year license suspension. This is true even if you aren’t convicted of DUI. You can face a two-year license suspension if you have a prior DUI conviction or have refused the Breathalyzer test before. 

Should you ever refuse chemical testing?

It’s important to consider the pros and cons of doing this. Submitting to the test and having a BAC of .08% or higher is proof you were driving while under the influence of alcohol. 

Refusing this test could keep that evidence from being available to be used against you – unless the police obtain a warrant for your biological sample. Also, the prosecution can still argue you refused the test because of “knowledge of guilt,” meaning that you knew you were too inebriated to pass. 

Generally, it’s better to consult with an attorney before you decide what to do.

Protecting your rights

As you can see, implied consent does present some challenges for defendants in DUI cases. Due to the potential consequences of a DUI, it’s best to get in touch with an experienced criminal defense attorney who can help you know your options and build the best defense for your situation.