Breath & Blood Tests in California
DUI Lawyer Serving Fairfield, Solano County & Contra Costa County
When a person is arrested under suspicion of
driving under the influence (DUI) in California, the arresting officer will take them to the police station
and request that they submit to a breath, blood, or urine test to determine
their level of blood alcohol concentration (BAC). Refusing a chemical
test is a criminal offense and can worsen a person’s DUI situation
considerably. If you have been arrested for DUI or have refused to submit
to a chemical test, it is urgent you get in touch with one of our powerful
Fairfield DUI attorneys at The Maher Law Group, APC at once to minimize
your chances of serving harsh consequences.
Why choose our team of world-class advocates? Consider our various awards
- National Trial Lawyers: Top 100 inclusion (Attorney Vincent Maher)
- Certified Specialist in Criminal Law (Attorney Vincent Maher)
- Overwhelmingly positive client testimonials
- More than 100 jury trials successfully handled
Arrested? Call (888) 744-3057 today to get started towards building your defense.
What Is Implied Consent?
Under California’s implied consent laws, anyone who drives a motor
vehicles on the state’s roads is deemed to have already given their
consent to any chemical test an officer should request in the event of
their lawful arrest for DUI. Individuals who are arrested for DUI must
be given the choice between either a breath or blood test, or if neither
is available, a urine test. Special provisions exist that exempt individuals
who are taking anticoagulant medications for a heart condition or who
have hemophilia from taking a blood test, though they must still submit
to either of the other two options.
If a person refuses a test, they can be subject to the following consequences:
First offense: one-year driver’s license suspension
Second offense: two-year driver’s license suspension
Third offense: three-year driver’s license suspension
In addition to a lengthy license suspension, a chemical test refusal can
carry up to two days of jail time and mandatory 9-month California DUI
school participation. Individuals who refuse a chemical test are also
unable to apply for a restricted license.
When is a Breath Test Optional?
It is important to note that breath tests are only mandatory
after a person has already been arrested. During a traffic stop, a police officer
may request that a person perform a roadside breathalyzer. This and any
other roadside preliminary alcohol screening (PAS) test are completely
optional and are solely for the purposes of determining if there is enough
evidence of intoxication to arrest a driver for DUI. Drivers have no obligation
to submit to any sort of PAS test, though police will often not reveal
Submitting to a roadside breath test is only mandatory under the following
- The driver is under 21 years of age
- The driver is on California DUI probation for a previous offense
Retain a High-Caliber Defense Today
At The Maher Law Group, APC, our Fairfield DUI lawyers understand that
good people can find themselves in difficult situations. Upon a detailed
examination of the circumstances surrounding your arrest and subsequent
chemical test refusal, our lawyers can craft a custom-tailored defense
on your behalf and maximize your chances of securing a favorable outcome
for your case. No matter how complex or severe your situation may be,
we are prepared to go the distance on your behalf and explore every opportunity
to negotiate for a reduction or dismissal of your charges.
We proudly represent accused clients throughout Fairfield as well as Solano
County, Contra Costa County, and Napa County.
Contact our office online or
request a complimentary case review today to find out more about how we can assist you.