California Implied Consent Law

When you obtain a driver’s license in California, you’re implicitly agreeing to certain responsibilities. One such responsibility pertains to the issue of DUI testing refusal. By operating a vehicle in the state, you are providing “implied consent” to undergo chemical testing if a law enforcement officer suspects you of driving under the influence.

Under DUI laws in California, this could be a breath test, a blood test, or sometimes even a urine test.

Does California Have an Implied Consent Law?

Yes, California has an “implied consent” law. If you are lawfully arrested by a police officer who has probable cause to believe you have been driving under the influence, then you consent to taking a chemical blood or breath test to determine your blood alcohol content (BAC).

Remember, this isn’t limited to alcohol; it includes other substances that can impair driving. Beyond the typical scenario involving a suspicion of drunk driving, the implied consent law can also apply in situations such as:

• Drugged Driving: If law enforcement suspects you are under the influence of drugs (legal prescription, over-the-counter, or illegal), they can require you to undergo a blood test. This is because breath tests can’t detect drug impairment.
• After a Traffic Accident: If you’re involved in a traffic collision, and the officer has reason to believe you might be impaired, you could be subject to a BAC test. This is especially true if someone is injured or killed in the accident.
• DUI Checkpoints: At sobriety checkpoints, if officers have a reason to believe you’re impaired, they can invoke the implied consent law.
• Refusals with Prior DUI Convictions: If someone has previous DUI convictions and they refuse a BAC test during a subsequent DUI arrest, the implied consent law can result in even harsher penalties due to the refusal combined with the prior convictions.
• Commercial Drivers: If you hold a commercial driver’s license (CDL) in California, the standards and implications are stricter. A commercial driver might be required to submit to a test even if their BAC is suspected to be lower than the typical legal limit for non-commercial drivers.

If a driver refuses to take a chemical test, they may face immediate consequences, including a suspended driver’s license, and the refusal can be used against them in court. Be aware of these scenarios and understand your rights and responsibilities under California law.

DUI Zero Tolerance

California enforces a DUI zero tolerance policy for drivers under the age of 21. This means that if a driver under 21 has any detectable amount of alcohol in their system, they can be charged with a DUI.

The law applies to alcohol from any source, not just alcoholic drinks. The law was enacted in 1994 to combat the problem of underage drinking and driving.

If a person under 21 is detained or arrested for DUI and takes a preliminary alcohol screening test or a chemical test with a blood alcohol concentration of 0.01% or greater or refuses or fails to complete the test, the DMV will suspend or revoke their driver’s license for one year. This is an administrative action that is independent of any criminal penalties imposed by the court.

The person can request a hearing to challenge the suspension or revocation within 10 days of receiving the notice from the officer or the DMV. If the hearing shows that there is no basis for the action, the DMV will set it aside. Otherwise, the person will have to complete the suspension or revocation period and meet other requirements before reinstating their license.

What Generally Happens After a Drunk Driving Arrest?

Being arrested for DUI in California can be a stressful experience. If you or someone you know is in this situation, understanding the process can help alleviate some of the anxiety. Here’s a more detailed breakdown.

1. License Confiscation and Temporary License Issuance

After the arrest, the arresting officer will typically take away your driver’s license. In its place, they’ll provide you with a temporary license. This paper license generally lasts for 30 days.

2. DMV Hearing

You have only 10 days from the date of your arrest to request a hearing with the California Department of Motor Vehicles. This hearing is separate from the criminal court proceedings. It focuses solely on the potential suspension of your driving privilege. If you don’t request this hearing within the 10-day window, the automatic suspension of your license will usually start 30 days after the arrest.

3. Criminal Court Proceedings

Beyond the DMV hearing, you’ll have to attend court for the DUI charges. This process can include:

• Arraignment: This is your first court appearance, where you’ll be formally charged and can enter a plea of guilty, not guilty, or no contest.
• Pre-trial: If you plead not guilty, there may be a series of court dates leading up to the trial where evidence is reviewed and potential plea deals are discussed.
• Trial: If no plea deal is reached or if you choose to go to trial, the case will be presented before a judge or jury.

4. Penalties if Convicted

If you are found guilty of DUI in court, the penalties can vary based on the circumstances of your arrest and any prior DUI convictions. Typical consequences include:

• Fines: Depending on the severity, fines can range from several hundred to several thousand dollars.
• Jail Time: For first-time offenses, this might be as short as 48 hours, but repeat offenses can lead to longer jail sentences.
• DUI School: Most convicted individuals are required to attend a DUI education program. The length and type of program can vary based on the severity of the DUI and any prior offenses.
• License Suspension: Beyond the DMV suspension, the court can also impose additional suspension time.
• Probation: A judge might grant probation, which can last for three to five years for a DUI conviction. Frequently, this comes with conditions like not committing any more crimes and not driving with any alcohol in your system.

5. Refusal Enhancement Penalties

If you declined a chemical test during your arrest, things can get even more complicated with refusal enhancement penalties. The state takes these refusals seriously. For a first-time refusal, expect a one-year mandatory driver’s license suspension. If it’s your second refusal within 10 years, the suspension jumps to two years. A third or subsequent refusal can result in a three-year suspension. These penalties are in addition to any other penalties you might face for a DUI conviction.

In all these stages, having a knowledgeable California attorney by your side can make a considerable difference in understanding your rights and potential defenses and navigating the complex legal terrain.

Do I Need a Lawyer For Help With Implied Consent Laws in California?

Trying to handle the complexities of DUI and implied consent laws in California can be challenging on your own. A knowledgeable California attorney can provide valuable assistance if you’re facing a first-time DUI, penalties for refusal, or just need guidance on the legal landscape.

If you or someone you know is facing DUI-related issues, consider reaching out to a lawyer through LegalMatch. We can connect you with a California DUI lawyer to ensure that your rights and interests are protected. Don’t face the legal system alone; get the legal guidance you deserve.