A DUI is a criminal charge used when the police pull someone over for driving a vehicle under the influence. Police use DUI charges to someone for driving while under the influence of alcohol, prescription medication, and other drugs. There are two different charges if the police charge someone with a DUI. The first is when driving with a .08 or greater alcohol blood concentration. The other is for driving with less than a .08 blood alcohol concentration. The police can identify what blood alcohol concentration a person has through the breathalyzer machine or from a blood sample. A DUI conviction can become a burden due to fines and probation, not to mention the conviction in someone’s criminal record.
Does One have to Consent to a Breathalyzer Test?
While one does not have to submit to a breathalyzer test alone, one must be willing to submit to the breathalyzer or a blood test if the officer requests this. The implied consent law in California dictates that people who the police arrest for driving under the influence must willingly submit to a test to see the levels of intoxication or what exact drugs are inside of a person’s system. For the arrest to lead to a mandatory test, the officer must find probable cause that one is under the influence of alcohol or drugs, and then they may choose between taking the test with a blood sample or with the breathalyzer. If neither the breathalyzer nor blood sample test is available, it will proceed to a urine test. You do not have to do a specific one but must choose one of the options for the test.
What Happens if One Refuses the Breathalyzer Test?
If one refuses the breathalyzer test, they must submit to the blood sample test. Once arrested for a DUI, one is required to submit a test because they must measure the level of toxicity or what drugs are present in said person’s system. Failure to submit to one of these tests could result in the court or California DMV suspending one’s license or other penalties.
Can One Refuse the Blood Sample Test as well as the Breathalyzer?
One may not refuse both types of tests. They must submit to a test that measures their blood alcohol concentration or the drugs present in their bodies. This will result in one submitting a urine sample if they have refused both other options. If one chooses to refuse any test form, they will have to face the penalties prescribed by California laws.
What are the Penalties for Refusing to take both Tests to Measure BAC and Drug Presence?
In the scenario that one chooses to refuse to submit a breathalyzer test, blood sample test, and urine test, they will then face the consequence of having their driving privilege suspended for a one-year term. The penalty for refusing to submit a test a second time will suspend your driving privilege for two years and three years for the third. If one refuses the test, the court can still find the defendant to be guilty because the jury may think that the failure to submit was due to a guilty consciousness.
How to Get a DUI Removed from One’s Criminal Record
The only way to get a DUI or a wet reckless charge expunged from one’s criminal record is through an expungement petition. To begin the petition, one must show forms of rehabilitation, finish the probation period, and pay all the fines involved with the charges. Under California Penal Code 1203.4, one can petition the court to have their conviction expunged and sealed away. It will remain in one’s record but not accessible to employers when background screening. There is an exception for those who apply to work within the United States Government. The US government is allowed to access and use sealed criminal charges. If the court grants one expungement, they will have the ability to tell employers that they have not been convicted of a crime with confidence.
How to Fight a DUI
A DUI is a criminal charge that could bring severe consequences hampering opportunities and imposing financial burdens such as higher auto insurance rates. If you or someone you know is currently being charged with a DUI, it is best to seek legal representation immediately to have an attorney help fight the case. With good legal counsel, one may have the opportunity to fight their DUI charge. Common arguments in defense of a DUI charge consist of:
- Inaccuracy in the DUI blood test
- Error in the recording of the breathalyzer instrument
- Auto-brewery syndrome
- Rising blood alcohol
- Not enough valid proof to show that you were behind the wheel
- Violation of California title 17
- Inaccuracy in the field sobriety test given by police officer
- Mouth alcohol such as mouthwash
- Medical conditions
- Radiofrequency interference
- A disconnect between BAC and actual impairment
- Mistake or error in the process of being charged
- Necessity
- Involuntary intoxication
- Improper DUI sobriety checkpoint
- Innocent reasons for DUI symptoms
- Police misconduct
- Ketosis from diabetes
Although there are various ways to fight the charges of a DUI, it is ultimately up to the jury to decide. The jury makes their decision based on the evidence they are presented with. Experts agree that there is always room for error in machinery or the process resulting in getting a DUI. Therefore, it is imperative to act quickly and retain legal counsel to assist with one’s DUI case. Once one has obtained legal counsel to represent their case, they should focus on collecting discovery that may help clear their name. One will be informed when the trial date is, and the result will be up to the judge or jury depending upon the defendant’s choice. They will make a final choice whether one is found by the court to be guilty beyond a reasonable doubt.
Contact Pride Legal
If you or a loved one has been involved in a DUI charge, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.