When you receive a California driver’s license it comes with certain legal obligations, one of which relates to tests if you are stopped for a suspected DUI (i.e., “Driving Under the Influence“).
By applying for and receiving a California driver’s license you have given “implied consent
” to undergo a field sobriety test if you are pulled over for a possible DUI, and if you fail the field sobriety test you also have already agreed to have a blood alcohol test.
“Implied consent” is part of the automatic agreement you make with the state when applying for a California driver’s license. This “implied contest” for field sobriety and blood tests is in exchange for your right to drive in California.
Field Sobriety Tests and Implied Consent
If you are pulled over by a police officer for suspected intoxication, the officer may request you take a preliminary test called a “Field Sobriety Test.” This test involves both physical and mental exercises to establish a probable cause for a DUI. This test is now considered a “standardized field sobriety test” under the guidelines set by The National Highway Traffic and Safety Administration (NHTSA).
Tests for Blood Alcohol Content and Implied Consent
If you fail the field sobriety test, the officer may decide to arrest you for possible DUI. If this occurs, you will be requested to take either a blood alcohol test (“BAC”) or a “Breathalyzer” test. The Breathalyzer Test is more common and easier to administer. If neither a blood test nor breath test is available, you may be required to take a urine test.
Refusing any of these tests is no guarantee that you will avoid being convicted of DUI.
If you have been suspected of a DUI, you need expert legal advice. Contact Sevens Legal, APC
, for a free consultation.
Criminal Defense Attorneys
3555 4th Ave.
San Diego, CA 92103
Phone: (619) 297-2800