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BREATH AND BLOOD TESTING IN CALIFORNIA
Under California law, law enforcement officers may administer a breathalyzer test to anyone they have lawfully arrested if they have probable cause to believe that the individual has been driving under the influence. This test may not be legally refused, and you may not demand an attorney be present for it. This is part of California Vehicle Code Section 23612 commonly referred to as “implied consent.” An officer may also ask individuals to take a preliminary breathalyzer test without being accompanied by an arrest or probable cause, but the test may be refused in this case. Blood and urine tests may be done in lieu of or in addition to a breathalyzer test.

 

 

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CHARGED WITH A DUI DUE TO TEST RESULTS?
If testing indicates a blood alcohol content above the legal limit (.08% or higher for regular vehicles, .04% or higher for commercial vehicles, .01% or higher for drivers under 21), the driver will likely be charged with DUI. If found guilty, the punishment depends on both the age of the driver and the severity of the DUI charge.

Drivers 21 years or older charged with misdemeanor DUI face a four month suspension of their license for a first offense. Subsequent offenses in the following ten years result in a one year suspension. For drivers under 21, the suspension is always for one year. Drivers who were arrested and refused to submit to testing face a minimum one year suspension.

 

 

DEMAND AN ATTORNEY EXPERIENCED IN DUI LAW AND TESTING TECHNOLOGY

 

Regardless of the nature of your DUI charge, the attorneys at Okabe & Haushalter believe that everyone deserves a fair trial. Breathalyzer testing devices are notoriously unreliable as they frequently mistake other chemicals for alcohol. It may be advisable to demand a blood or urine test in addition to a breathalyzer even if the police do not require them. Don’t hesitate and lose your license. Not being able to freely drive can severely impact your ability to perform daily activities or even get to work. If you have incriminating BAC test results and are in danger of having your driver’s license suspended or revoked, contact Okabe & Haushalter for a free consultation today. We always fight for the best possible outcome for our clients.

 

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