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Implied Consent Law in California DUI Cases

Feb 23, 2024

Douglas Parker

Operating a vehicle in California involves obligations that extend beyond mere knowledge of traffic regulations. An essential factor to consider is comprehending the implied consent statute, which governs the choices available to you when confronted with a DUI apprehension.

This article extensively explores the legal structure, repercussions, and possible justifications concerning implied consent in California. By providing you with this information, you have the option to make well-informed choices during crucial circumstances.

What is implied consent specifically? Well, it’s actually pretty simple1. By operating a motor vehicle on California roads, you implicitly agree to field sobriety tests2 or chemical tests (breath, blood, or urine) if arrested for driving under the influence (DUI).

The most common way to check how much alcohol someone has is a breathalyzer test. This method is used to measure the blood alcohol concentration (BAC)3, also known as blood alcohol content BAC, of a driver. It’s like blowing into a special straw, and it measures the alcohol fumes in your breath. It’s quick and easy, but not super accurate.

For a more precise reading, they can do blood tests, but a medical professional4 is required for that. The blood gets sent to a lab for testing, so it takes longer but it’s way more accurate.

The implied consent law, in other words, empowers law enforcement to obtain evidence of intoxication, enhancing road safety and deterring drunk driving.

The legal foundation for the concept of implied consent is established within the California Vehicle Code (CVC) through Sections 23610 and 236125.

These provisions define the driver’s tacit agreement, the responsibilities of law enforcement officers in terms of notifying drivers about this provision, and the potential ramifications of refusing to undergo the test results6.

Implied Consent Law

The implied consent law becomes applicable under two pivotal circumstances:

  1. Legal DUI Stops and Arrests: The officer is required to possess reasonable grounds for suspecting DUI, indicating that they have witnessed indications of your impairment while operating a vehicle. This may encompass unpredictable vehicular behavior, incoherent verbal communication, or the scent of alcoholic beverages.
  2. Situations leading to implied consent scenarios: Upon being lawfully arrested for DUI, the officer will ask you to comply with a chemical test. One has the option to undergo either a preliminary roadside breath test (PAS) or a more extensive examination at the station7. Refusing any of these tests triggers the consequences of violating implied consent.

Consequences and Penalties for Refusing a Chemical Test

It is important to note that there are both immediate and long-lasting penalties for refusing the request for a chemical test. Let’s take a closer look:

    • Immediate consequences of refusal: In the event of refusal, your license will be automatically suspended administratively for a duration of one year. This consequence remains applicable regardless of whether or not you are convicted of DUI charges in court.
    • In addition to potential criminal charges for the DUI offense, there is a possibility of incurring supplementary fines and administrative penalties.
    • Long-term impact on DUI cases: In court, although your refusal cannot serve as direct evidence of intoxication, it can be introduced by the prosecution to imply a sense of guilt and bolster their argument against you.

Declining to undergo a test frequently results in more severe consequences and sentencing upon being found guilty, which may include extended license suspensions, elevated fines, and potentially even imprisonment.

what is implied consent

Still, there are recognized exceptions to the implied consent rule. Here are some examples:

  • In cases of medical conditions, individuals may be excused from the test if they possess documented evidence from a physician confirming their valid reason for refusal.
  • In the event of an unlawful DUI stop8 or arrest where the officer lacked reasonable grounds, your refusal to comply would not be considered a violation of implied consent.
  • Insufficient notification provided by the arresting officer: It is imperative that the officer clearly communicates the implications of the implied consent law and the repercussions of declining. Neglecting to do so can render the violation invalid.
  • Involuntary intoxication: If you were subjected to involuntary intoxication, wherein you were unknowingly drugged or intoxicated without your explicit consent, this would not be regarded as a voluntary act of refusal.

If you suspect that your implied consent rights were infringed upon, you retain the right to dispute the suspension and its potential repercussions. Seek the advice of a skilled criminal defense attorney or DUI lawyer who can evaluate your situation and provide guidance on navigating the legal procedures involved in challenging the violation.

In summary

Implied Consent

Basically, by driving in California, you automatically agree to take a chemical test if the police have good reason to think you’re under the influence. But here’s the twist: Knowing your rights can make a big difference!

Knowing what you can and can’t do, what happens if you refuse, and even how a lawyer can help—all that information can seriously impact your outcome. It’s not about getting away with something; it’s about making informed choices in a tough spot.

So, the next time you’re enjoying the California sun, remember that a little knowledge about implied consent can go a long way. And if you ever find yourself pulled over, don’t hesitate to ask for clarification or even seek legal advice. It’s your right, and it could make all the difference.

 

References

  1. INTERPRETATION OF IMPLIED CONSENT LAWS BY THE COURTS | Office of Justice Programs. (n.d.). https://www.ojp.gov/ncjrs/virtual-library/abstracts/interpretation-implied-consent-laws-courts\
  2. Field Sobriety Tests in California | Los Angeles Drunk Test | Manshoory Law Group. (2021, December 6). Manshoory Law Group, APC. https://manshoorylaw.com/dui-attorney/field-sobriety-tests/
  3. Legal Alcohol Limit | What are the BAC Levels in California | Manshoory Law. (2022, March 9). Manshoory Law Group, APC. https://manshoorylaw.com/am-i-over-the-drinking-limit/
  4. Blood alcohol level. (n.d.). https://medlineplus.gov/lab-tests/blood-alcohol-level/
  5. Law section. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23612
  6. Manshoory, S. (2023, December 20). Can you refuse a DUI test? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/what-happens-if-i-refuse-a-dui-test/
  7. Preliminary breath test concept in Traffic Enforcement (PBT and DWI (Driving while Intoxicated) enforcement) | Office of Justice Programs. (n.d.). https://www.ojp.gov/ncjrs/virtual-library/abstracts/preliminary-breath-test-concept-traffic-enforcement-pbt-and-dwi
  8. Manshoory, S. (2023, September 20). What to do if the police stop you for suspected DUI? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/what-to-do-if-the-police-stop-you-for-suspected-dui/
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