Implied Consent Chemical Test
Under California law, by driving within the state of California, a driver has impliedly consented to having his blood alcohol content tested when requested by a peace officer. The failure to submit to a blood alcohol chemical test will result in the DMV imposing a one-year hard suspension on the driver’s license.
This is true even if you are not formally charged with a DUI or if the charges are later reduced or dismissed. Furthermore, an allegation in a criminal complaint alleging that the defendant refused the chemical test also carries a mandatory minimum punishment of 48 hours in County Jail and a 9-month Alcohol Education Program.
Unless you are on probation and a condition of probation is that you submit to a blood alcohol chemical test at any time, the results of the test may still be suppressed later by the Judge if the officer did not have reasonable suspicion to effect the traffic stop, reasonable suspicion to conduct a DUI investigation, or probable cause to arrest the driver. It’s important to remember that submitting to the chemical test once you are arrested is not a waiver of your right to suppress illegally obtained evidence at a later date.
The chemical test is governed by Title 17 of the California Code of Regulations. Title 17 lays out certain protocols that must be followed in order to ensure the accuracy of the chemical test. These protocols include regular maintenance and calibration of the machines utilized for testing a driver’s BAC via breath.
A skilled criminal defense attorney will make sure to obtain the records associated with the maintenance and calibration in order to determine whether or not the machines were reading accurately. Title 17 also requires that the police officer observe the driver for a minimum of 15 minutes prior to testing to ensure that nothing occurs which will affect the test results, including belching, regurgitation, or alcohol consumption.
Call a Skilled Los Angeles DUI Attorney
A skilled DUI attorney at Eisner Gorin LLP will obtain any audio or video recordings associated with the driver’s arrest and any other evidence available to construct a comprehensive timeline in order to determine whether or not the required observation period was completed. Our Los Angeles DUI lawyers have 60 years of combined courtroom experience and have successfully handled hundreds of case in all LA County Courtrooms. Call our DUI lawyers, 24/7, for a free case review at (877) 781-1570.
Related Pages: First DUI | DUI Defense Strategy | DUI Court Process