California Vehicle Code 23612 covers implied consent laws with respect to driving under the influence or DUI charges. Implied consent basically means that anyone who operates a motor vehicle in the state has given his or her consent to chemical testing. The chemical testing includes taking a sample of a driver’s blood or breath after being stopped for suspicion of DUI. In other words, the implied consent law requires drivers to submit to a DUI chemical test when a police officer requests him or her to do so.
Whenever a driver refuses to submit to a chemical test during a traffic stop, he or she is in violation of the implied consent law. There are two penalties associated with the violation of this law. The first possible penalty is an automatic driver’s license suspension. The length of the suspension depends on:
- Your age.
- The circumstances involving your DUI arrest.
- Your criminal history.
Penalties for drivers over the age of 21 years old who violate the implied consent
The following are possible sentences for refusing to provide a chemical test for drivers 21 years or older. These penalties do not take into consideration whether there was a preliminary alcohol screening (PAS) test taken.
- First Refusal Offense: one-year suspended license.
- Second Refusal Offense within a 10-year period: license is revoked for two years.
- Third and/ or Subsequent Refusal Offense within a 10-year period: license is revoked for three years.
Penalties for drivers under 21 years old who refuse a chemical test, but have a PAS test
- First Refusal Offense: one year suspended license.
- Second Refusal Offense within a 10-year period:
- Third and/ or Subsequent Refusal Offense within a 10-year period:
California does not penalize a driver for refusing a preliminary alcohol screening test unless he or she is:
- On probation for prior DUI convictions.
- Under 21 years old.
Other penalties for refusing a chemical test include jail time and DUI school.
The Law Offices of Jonathan Franklin represents anyone who is charged with a DUI in Los Angeles County. We evaluate each case thoroughly and provide our clients with options regarding the best possible defenses. If you or a loved one has been recently arrested for DUI and/ or chemical test refusal, contact us. Working with an experienced team of lawyers will help you resolve this dispute and move forward with your life.
