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Implied Consent Law in California DUI Cases



Implied Consent Law For DUI CasesSince driving in California is considered a privilege and not a right, there is an implied consent law which you agree to when you receive your California driver’s license.

Specifically, you agree to consent to a blood or breath test if the police ever suspect you to be under the influence of drugs or alcohol (California Vehicle Code 23152) and determine that you cannot safely operate a motor vehicle.

If you refuse to consent, then you will be held as a DUI refusal and will lose your driving privileges for one year. In addition, it will be automatically presumed that you are DUI.

Do I Have To Take Breathalyzer Test At The Station If Arrested for DUI?

Yes, you will have to take the breathalyzer test at the station in LA County. However, you can also choose a blood test, in which case they would take you to a hospital or to a police station that is equipped to administer a blood test.

If it’s determined that you are a refusal in LA County, you are going to lose your driver’s license for one year and you will not be able to get a restricted license for that one year period. That’s a horrible outcome, because even if you had consented to the test and were over 0.08, you would have been able to get your license back within 30 days. So, it’s very costly to refuse these tests due to the one-year driver’s license suspension.

When the police let you go in Los Angeles County, they will typically give you a citation that lists the time and location of your court date. If you cannot find this information on your citation, an attorney should be able to help you do so.

If you are forced to post a bail, then the bail bond company will give you a half-slip that will list the time and location of your court date. If you are not given that paperwork (which occasionally does happen), then you should contact the arresting agency or an attorney.

When you get arrested for a DUI, you will be given a temporary driver’s license that states in both English and Spanish that you have 10 days to contact the DMV. If you do not contact the DMV within those 10 days, then your license will be automatically suspended.

It may be helpful to seek the assistance of an attorney who can deal with the DMV and set up the hearing for you, or ask for a stay on any suspension until you get the hearing. It’s crucial that you take these steps within 10 days of having received your temporary license. After 40 days, your temporary license will expire and your suspension will begin.

How Often Should Meet With My Los Angeles DUI Attorney?

The initial meeting is crucial because that’s when you give your attorney all of the information that you have and discuss how you want your case handled. After the first meeting, you can meet with your attorney as many times as you want or as often as you and your attorney deem appropriate. You want to ensure that you understand everything that is going on and that you have the best strategy together.

The second meeting with your attorney is the most important because that is when the attorney will have all of the paperwork (police reports, test results etc.) related to your case. Once all of that information has been collected, you can have a meaningful conversation with your attorney regarding what the prosecution has against you and whether you want to fight or negotiate the case. Call our Los Angeles DUI lawyers to review your case.

For more information on Implied Consent Law In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 374-3952 today.

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Ronald D. Hedding, ESQ.

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