Failure or Refusal of a Drug or Alcohol Test

In the event of getting pulled over for the suspicion of drunk driving, implied consent laws may govern. Therefore, if a driver refuses a blood, breath, or urine test to avoid getting a DUI, your driving privileges will be suspended or revoked. This is applicable even if you are innocent of drunk driving. Pursuant to vehicle code § 23612, a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood. The subsequent testing shall be incidental to a lawful arrest and administered at the direction of a peace officer.

Additionally, there needs to be a reasonable cause to believe the person was driving a motor vehicle while intoxicated. Furthermore, the driver must be told that his or her failure to submit to, or the failure to complete, the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted. Even if a driver has agreed to take a breath test, a blood or urine test may also be requested if the officer has reasonable cause to believe that the person was driving under the influence of a drug or the combined influence of an alcoholic beverage and drug and if the officer has a clearindication that a blood or urine test will reveal evidence of the person being under the influence.

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