DUI Tests in Southern California
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If you were recently arrested for a DUI in Ventura County, our Santa Barbara DUI lawyers at Appel & Morse are committed to protecting your rights, reputation, and freedom. With more than 40 years of combined experience, we have been proudly defending the rights of the accused on the Central Coast and are fully equipped to provide you with the aggressive advocacy that you need.
What is Implied Consent?
California’s “implied consent” law requires all drivers lawfully arrested for a DUI to submit to a chemical test to determine your BAC or the amount of drugs in the person’s system. Under this law, you have no right to refuse a DUI breath or blood test once you are lawfully arrested for DUI.
The following are the additional penalties that will accompany a DUI conviction if you refuse to take a DUI chemical test:
Number of previous DUIs in the past 10 years | Additional jail time for refusing a chemical test | Licenses suspension/revocation for chemical test refusal |
0 | 48 extra hours in jail | One year license suspension |
1 | 96 extra hours in jail | Two-year license revocation |
2 | 10 extra days in jail | Three-year license revocation |
3 or more | 18 extra days in jail | Three-year license revocation |
Keep in mind, the implied consent law doesn’t require drivers to submit to a chemical test prior to a lawful arrest. Only drivers who are under 21 years of age or currently on DUI probation are required to take a pre-arrest chemical test.
Ready to Fight for You Today!
Common DUI defenses that our Santa Barbara criminal defense attorneys may be able to use to fight the penalties for refusing to take a DUI breath or blood test include an unlawful arrest, the officer didn’t inform you of the consequences of refusing a chemical test, and your refusal resulted from an injury. We understand how unreliable these tests can be, so just because you failed the test, does not mean you are guilty of the crime. Do not hesitate to let us help you obtain the most favorable results possible from your case today.
Contact us and request a free criminal consultation immediately.
At Appel & Morse, we work to ensure our clients understand what is happening with their cases and how to best defend their interests. Our mission is to obtain the best results based on a true understanding of each client's unique circumstances.