Can I Refuse the Breathalyzer Test in Los Angeles?

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Can I Refuse the Breathalyzer Test in Los Angeles?
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In 2015, 21.8% of California's DUI arrests happened in Los Angeles County. In an effort to stop drunk driving, Los Angeles police are always on the look-out for drunk drivers. If you're pulled over, the police will probably ask you to do a breathalyzer. It's important to know your rights regarding the test and what non-compliance could mean for you.

Can You Refuse the Breathalyzer?

First, you should know that you can decline to take the breathalyzer in the field. Unless you are under the age of 21, you do not need to comply with the police officer's request and will face no penalties. The police ask you to take the test because the result could be enough to arrest you for drunk driving. 

The only time you should agree to the field breathalyzer is if you are not drunk. In the event that you are certain you are under the legal limit, you can agree to take the test. 

There are other tests you may be asked to perform. For instance, an officer could ask you to do the Horizontal Nystagmus Test. If you are requested to do any field tests, you have the right to decline. Much like a failed breathalyzer, a failed field sobriety test can be used against you in court. Without the results of the test, the police might not have enough evidence to arrest you. 

Can You Refuse the Chemical Test?

If the police arrest you, they will take you to the station and give you a chemical breath test. Unlike the field test, this one is mandatory. Refusing to take it comes with several penalties.

California is one of several states to have an implied consent law. When you apply for your driver's license, you agree to be tested for alcohol or drugs if you are arrested for a DUI. Therefore, failing to take a test is considered an offense. 

The penalties that you will face depend on your history of DUIs. Furthermore, they are in addition to penalties you will face for a DUI conviction. If you have no prior history or drunk driving convictions, you will spend 48 hours in jail, a one year license suspension, and six months of DUI education. For individuals with one previous DUI offense, the penalty is 96 hours in jail, a two year license suspension, and six months of DUI education. Third-time offenders will spend ten days in jail and have a three year license suspension.

Should You Refuse the Breathalyzer?

While you should refuse the field breathalyzer, you may want to think twice before refusing the test after your arrest. Because the penalties for non-compliance are so high, there's a lot at stake. 

If you do take the breathalyzer, there's still hope. Your attorney may be able to challenge the results of the breathalyzer. The results could be inaccurate or the police officer may have breached protocol when he administered the test. 

If you want to improve your chances of a positive outcome, you should call a DUI defense attorney immediately following your arrest. They can advise you on the steps you need to take to fight your charges. Whether or not you submit to the breathalyzer, they will work hard to defend you.

If you're convicted of a DUI, your future could disintegrate before your eyes. Your criminal record might keep you from finding work, housing, or loans. Don't hesitate to seek legal guidance. 

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