Breath & Blood Tests

Results-Driven Strategies to Protect Your Rights

Breath & Blood Tests 
in California

DUI Lawyer Proudly Serving the following Counties, 
Solano, Contra Costa, Napa & Yolo

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 and accomplishments:

Arrested? Call (888) 744-3057 or contact us online today to get started towards building your defense.

What Is Implied Consent?

Under California’s implied consent laws, anyone who drives a motor vehicle 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.

What happens if I refuse a blood or breath test? 

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 this information.

Submitting to a roadside breath test is only mandatory under the following circumstances:

  1. The driver is under 21 years of age
  2. 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, Napa and Yolo Counties. Contact our office online or by phone at (888) 744-3057 to request a complimentary case review today to find out more about how we can assist you.

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