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Can I refuse the Field Sobriety Tests offered by the police in California?
Yes, you have the right to refuse to take field sobriety tests (FSTs) offered by the police in California. Field sobriety tests are voluntary tests that law enforcement officers use to determine if a person is impaired by alcohol or drugs. Common FSTs include the one-leg stand, walk and turn, and horizontal gaze nystagmus test.
If you refuse to take the FSTs, the officer may still arrest you if they have probable cause to believe you are driving under the influence of drugs or alcohol. However, refusing to take the FSTs may make it more difficult for the prosecution to prove its case against you in court.
It’s important to note that if you are arrested on suspicion of driving under the influence of drugs or alcohol, you are required by law to take a chemical test of your blood, breath, or urine. Refusing to take a chemical test can result in additional penalties, such as a license suspension and fines.
If you are pulled over and asked to take FSTs, it is generally advisable to politely decline and ask to speak with an attorney. It is important to remain calm and cooperative with the police officer, but also assert your legal rights.
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If you are pulled over and asked to take FSTs, it is generally advisable to politely decline and ask to speak with an attorney.
What are the penalties for drunk driving in California?
In California, the penalties for drunk driving depend on the circumstances of the offense, such as the driver’s blood alcohol content (BAC) level, their prior record of drunk driving, and whether the drunk driving resulted in property damage, injury, or death.
However, in general, the penalties can include:
First offense: A fine of up to $1,000, a minimum of 48 hours in jail, and license suspension for 6 months.
Second offense: A fine of up to $1,000, a minimum of 96 hours in jail, and license suspension for 2 years.
Third offense: A fine of up to $1,000, a minimum of 120 days in jail, and license suspension for 3 years.
Fourth or subsequent offense: Felony charges, a fine of up to $5,000, a minimum of 180 days in jail, and license suspension for 4 years. For more information, visit: Felony DUI
Additionally, a person convicted of drunk driving may be required to attend a court-approved alcohol education program, and they may also be required to install an ignition interlock device (IID) in their vehicle.
When suspected of drunk driving, should I submit a breadth test or a blood test?
In California, if you are suspected of drunk driving, you may be asked to take a breath or blood test to determine your blood alcohol content (BAC) level. The choice of test is often up to the arresting officer, but you may request a blood test instead of a breath test if you wish.
It is important to note that in California, you are required to submit to a chemical test if you are arrested for drunk driving. Refusing to take a test can result in additional penalties, such as license suspension, fines, and even jail time.
Can I refuse the breath test (PAS Test) offered by the police at the scene in California?
Yes, you have the right to refuse to take a preliminary alcohol screening (PAS) test offered by the police at the scene in California. The PAS test is a handheld breath test that is used to estimate a person’s blood alcohol concentration (BAC).
However, if you are driving in California, you are deemed to have given your implied consent to a chemical test of your blood, breath, or urine if you are lawfully arrested on suspicion of driving under the influence (DUI). This means that if you refuse to take a chemical test after being lawfully arrested, you may face penalties such as a license suspension, fines, and potentially increased jail time if convicted.
It’s important to note that the PAS test is not the same as a chemical test, which is a breath test administered at the poice station after a lawful DUI arrest, or a blood test administered by a qualifed nurse at a hospital after an arrest is made. If you refuse to take a “chemical test”, you could be charged with “refusal” in addition to a DUI charge. That could result in the suspension of your driver’s license for a longer period of time. On the other hand, refusing to take a PAS test, which is a preliminary alcohol screeening test done at the scene, may not result in additional penalties, but it may give the officer probable cause to arrest you if they suspect that you are under the influence of alcohol or drugs.
If you are pulled over and asked to take a PAS test, it is generally advisable to politely decline and ask to speak with an attorney. It is important to remain calm and cooperative with the police officer, but also assert your legal rights. After being arrested, you should consult with a DUI defense attorney to discuss your options and potential defenses.
What are the benefits of providing a blood test vs a breath test in a DUI arrest?
In a DUI arrest, the choice between a blood test and a breath test may be influenced by several factors, including accuracy and reliability of the test results, the potential consequences of a positive test, and personal preference. Here are some benefits and drawbacks of each type of test:
Blood test:
Benefits: Blood tests are considered to be more accurate in determining a person’s blood alcohol content (BAC) level than breath tests, especially if the BAC is close to the legal limit. Blood tests are also less subject to environmental factors that can affect the accuracy of breath tests. Drawbacks: Blood tests can be invasive and require a needle to be drawn, and they take longer to produce results. Blood tests are also more susceptible to contamination or errors during the collection and analysis process.
Breath test:
Benefits: Breath tests are non-invasive and can produce results quickly. Breath tests are also less subject to contamination or errors during the collection and analysis process.
Drawbacks: Breath tests are not as accurate as blood tests and can be influenced by a number of factors, including residual mouth alcohol, certain medical conditions, and recent use of certain substances. Ultimately, the choice between a blood test and a breath test in a DUI arrest will depend on individual circumstances and the goals of the person being tested.
Defending a DUI in Los Angeles under California Vehicle Code 23152 or 23153 requires specialized Knowledge and skill by an experienced lawyer. With the help of an experienced DUI attorney in Los Angeles who aggressively defends Drunk Driving charges, avoid jail time and license suspension in all Southern California Courts including Los Angeles, Pasadena, Van Nuys, and Airport courts.
To fight your DUI and to better analyze your case, it helps your attorney if you have answers to the following questions:
1. Have you ever been arrested for drunk driving in Los Angeles before?
2. Have you ever been convicted of drunk driving before?
3. In what City in California were you arrested for Drunk Driving?
4. What was the date of your arrest for DUI?
5. What alcoholic beverage did you drink prior to the stop?
6. Did you admit to the officer that you had something to drink?
7. Did you admit to the officer that you used any drugs?
8. Did you have a valid driver’s license at the time of the arrest?
9. Did you have valid insurance at the time of the arrest?
10. Did a police officer or a witness see you driving?
11. Did you admit you were driving?
12. Were you involved in a traffic collision?
13. Was any passenger injured in the traffic collision?
14. Was there anything mechanically wrong with your vehicle?
15. Why did the officer stop you or pulled you over?
16. Did you immediately stop after the police activated his siren?
17. Did you have difficulty pulling over and parking the car?
18. Did you have difficulty producing your driver’s license or registration?
19. Did the officer give you any field tests?
20. What tests do you remember doing?
21. Have you ever had injuries involving your ankles, knees, or back?
22. Do you have any mouth, teeth, or gum disease?
23. Do you believe you passed the field sobriety tests?
24. Did the officer give you a breath test out in the field?
25. Did the officer tell you could refuse to take this test?
26. Did the officer give you a choice of taking a blood or breath test?
27. What was the result of your tests?
28. Did you refuse to take a breath or blood test and why?
29. Were you advised your license would be suspended if you refused?
30. How did the officer obtain your breath sample?
31. How many breath samples did you give?
32. Did you eat, drink, urinate or vomit prior to the test?
33. After taking the breath test, did the officer offer blood test?
34. If you gave blood, was your arm cleansed with a non-alcohol swab?
35. Did you take the blood test voluntarily or was it coerced?
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DUI CHEMICAL TESTING
Police officers must inform you of the right to choose between breath or blood test. Although you may have to submit to a blood test if the officer suspects that you may be under the influence of drugs. The officer must also inform you that your refusal may be used against you in the court of law. Finally, you must be expressly informed that refusal to submit to a chemical test to determine the amount of alcohol in your blood at the time of driving will result in license suspension for one year for a first-time offender, for 2 years for a second DUI and 3 years for third or more DUI’s.
In California, upon a DUI arrest, the officer first administers a PAS test or a Preliminary Alcohol Screening test to show the prensence of alcohol in your blood and to determine if there is “probable cause” to arrest you. You could refuse this test if you so choose. But if you submit to this test, the results will be admissible and relevant especially if there is also a blood test or formally administered breath test.
At the police station, the officer generally inquires whether the driver would consent to chemical testing to determine the BAC or blood alcohol concentration. You should know that although you could refuse to submit to this test, it may not be in your best interest. That is because the California Department of Motor Vehicles will suspend your driver’s license for one year if you refuse the test and this is your first DUI. You could lose your license for two years if you refuse and this will be your second DUI offense.
Blood Tests
If you are prepared to take the test, you may take a blood test. Blood test is usually performed near the time of the arrest by a registered nurse at a hospital. Your defense attorney could challenge the blood test result using various techniques and arguments. Sometimes, the person administering the test is not a certified or qualified individual. Also, the blood result could be questioned if the blood was contaminated or was not properly preserved or stored with sufficient preservatives. The blood vial or its chain of custody could also be lost. The advantage of choosing a blood test is that your attorney could request a sample of your blood for independent testing by a preferred forensic lab. This test result may be below the legal limit as compared to the one conducted by the police.
Breath Tests
Breath test is an alternative method of testing Blood Alcohol Content (BAC). A breath test must comply with Title 17 of the Code of Regulations of California Health and Safety Code. Officers generally follow a checklist to administer a breath test. However, it is not uncommon for officers to make a mistake. Also, for 15 minutes prior to administering the breath test, the officer must observe you to ensure that you do not drink, smoke, vomit, or ingest any food or medicine. Numerous other challenges may be made to a breath test. An experienced DUI defense attorney will help you in discrediting a breath test should your case proceed to jury trial.
POSSIBLE PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
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1st DUI:
A) If No probation granted: 48 hours to 6 months in jail; and $390 to $1,000 fine plus penalty assessments; plus up to six months license suspension.
B) With three to five years probation: 3-9 months of alcohol program; 90 day license restriction allowing driving to and from work and within the course and scope of employment or school, and fine of $390 to $1,000 plus penalty assessments.
2nd DUI:
Here are the penalties for a second DUI.
A) If No probation granted: 10 days to 1 year in jail; $390 to $390.00 to $1,000 fine plus penalty assessments; and an 18 month license suspension
B) With three to five year probation: 48 hours to 1 year in jail; $390 to $1,000 fine plus penalty assessments; an 18 month alcohol program; and a 2 year license suspension. A restricted driver’s license allowing driving to and from work and within the course and scope of employment is available only after successful completion of the first 12 months of a second offender alcohol program.
Starting January 1, 2019, California requires repeat DUI offenders to install an IID on any vehicle they operate. This gives a second time DUI offender the option to install an ignition interlock device (IID) on any vehicle he drives to be eligigle to receive a license that he can use to drive anywhere.
3rd DUI:
Minimum mandatory: 120 days to 1 year in jail; $390 to $1,000 fine plus penalty assessment; a 3 year license revocation; and an 18 month multiple offender alcohol program if one not already completed.
4th or Subsequent DUI:
DUI involving injuries, or a DUI within 10 years of a previous felony DUI (This is normally charged as a felony)
A) If probation granted: up to 1 year in jail; $390 to $1,000 fine plus penalty assessments; a 4 year license revocation; and an 18 month multiple offender alcohol program if ordered by the court.
B) If probation denied: 16 months to 3 years in state prison and a 5-year driver’s license revocation.
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OFFENDERS UNDER AGE 21:
California has a zero tolerance law for drivers under the age of 21. That means for those under 21, a blood alcohol content of .01% is sufficient to convict of drunk driving.
DRIVER’S LICENSE SUSPENSION FOR DUI:
1st offense: four months, beginning 30 days from the date of arrest; one year suspension for offenders under 21 years of age; one year suspension for DUI with refusal.
2nd Offense: twelve months, beginning 30 days from the date of arrest; two year suspension for DUI with refusal.
3rd Offense: up to three years of license revocation.
4th Offense: up to five years of license revocation.
HOW TO AVOID SUSPENSION OF YOUR DRIVER’S LICENSE:
DMV HEARINGS:
You only have 10 calendar days from the date of your arrest to request an administrative per se hearing with California DMV to save your driver’s license. If you request a hearing with the time allowed, you can also request a stay on the suspension of your driver’s license until the date of the hearing. With the help of an experienced DUI lawyer your Driver’s license may be reinstated. In order to obtain a restricted license after an arrest for a first DUI you need Proof of enrollment in a first offender Alcohol Program. In order to reinstate your license, you need the following:
1) An “SR22”, that is proof of insurance certificate
2) Payment of a reissue fee to the DMV 3) Proof of completion of an Alcohol Program
VEHICLE IMPOUND AND INSURANCE CONSEQUENCES:
A conviction for Driving Under the Influence is frequently used by insurance companies to increase auto insurance premiums. Also, if you are stopped for driving on a suspended license, the court may order “impound” of your vehicle for up to 30 days, If you continue to drive on a suspended license and get arrested for multiple violations, the police may “forfeit” or sell your vehicle.
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Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.
Our goal is a victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.
