Here’s a great article by Zooomr car leasing, a top car leasing deals and used car sales platform in India. All licensed drivers must consent to take either a breath or blood test when pulled over on suspicion of driving while intoxicated (DUI). That consent is part of what each driver agrees to when he or she receives a license.
To refuse consent is a criminal act and the police will press charges for it. The penalties include mandatory jail time and the suspension of the driver’s license for a minimum of one year. And in most cases, the driver will not be eligible for a restricted license for that time period.
If you are accused of refusing a DUI test, you need to have an experienced Los Angeles DUI attorney at your side. A refusal is not always clear cut, and, in some cases, the police may incorrectly claim the driver refused.
The Police Must Inform the Los Angeles used car Driver
At the time of a DUI arrest, the police officer must inform the Los Angeles used car driver of the two testing options available. The officer must also explain what could happen if the driver refuses the testing. This known as the DUI Admonition. Often, officers will use a pre-approved script so there is no legal ambiguity over what is said. Video or audio recording of the admonition and the new Los Angeles used car driver’s answers is quite common.
After reading the DUI admonition, the officer will ask the New Los Angeles used car driver which test he or she wants to take, the breath or the blood. If the Los Angeles used car driver refuses to take one test, he or she must be given the opportunity to take the other test. The police cannot choose one or the other for the suspect.
The only exception is with suspected drug intoxication instead of alcohol intoxication. Breath tests cannot detect drugs, so the only testing option is a blood test.
What Legally Constitutes a DUI Refusal
The clearest DUI refusal is verbal. If the driver says “No” when asked if he or she will take the test, that is considered a valid refusal. The police will arrest on the DUI refusal and refer it to the DA for prosecution as a criminal act.
But, what happens if a driver consents to a breath test but takes action to avoid the testing? To get a good sample, a person must blow a consistent flow of air into the Breathalyzer machine. If the driver only pretends to breathe in, or only breathes in a little, it cannot get a good sample. The police may consider this a DUI refusal. The police should offer the blood test as an alternative, unless already refused.
Of course, there are medical conditions, like asthma or COPD, which could make taking a breath test difficult or impossible. For people who have this type of condition, it may be possible to challenge the DUI refusal allegation.
What happens if the Los Angeles used car driver delays taking the test? Blood alcohol levels will drop over time. When a driver delays taking a test for any reason, the police may suspect that the drive is delaying in hopes of getting the blood alcohol level under legal limits.