Driving under the influence (DUI) is one of the most heavily enforced offenses in California, carrying serious legal and personal consequences. The state’s laws are designed to discourage impaired driving and promote public safety. To enforce these laws, California has established clear rules under its Vehicle Code not only defining what constitutes driving under the influence but also requiring chemical testing after a lawful arrest under the state’s “implied consent” statute. If you or a loved one has been accused of a DUI in California, be sure to consult with an experienced criminal defense lawyer as soon as possible to help protect your future!
How Can Someone Be Arrested for a DUI in California?
The state’s DUI law, found in California Vehicle Code Section 23152 outlines the legal standards for DUI. A driver is considered under the influence when their blood alcohol concentration (BAC) meets or exceeds the legal limit. For most adults, that threshold is 0.08%. However, different limits apply to certain drivers: 0.04% for commercial license holders and 0.01% for drivers under 21 or those on DUI probation.
Importantly, California’s DUI law applies to both alcohol and drugs. A person can face DUI charges for being impaired by illegal substances, prescription medications, or even over-the-counter drugs if those substances affect their ability to drive safely. The law is based on impairment and not just the type of substance consumed.
A DUI conviction can result in license suspension, fines, probation, mandatory education programs, and even jail time. Repeated offenses or aggravated circumstances can increase penalties significantly.
The Implied Consent Law Explained
California’s Implied Consent Law, found in Vehicle Code Section 23612, states that anyone who operates a motor vehicle in the state automatically consents to a chemical test of their breath or blood if they are lawfully arrested on suspicion of DUI. The purpose of this law is to determine the level of alcohol or drug content in a driver’s system. The consent is implied the moment a driver gets behind the wheel.
Once a lawful arrest has been made, the police officer will ask the driver to submit to a chemical test. Refusing to take the test carries serious consequences, including automatic suspension of driving privileges for one year, increased penalties if convicted of DUI, and potential jail time.
If both breath and blood tests are unavailable, or if drugs are suspected, the officer may request a urine test. The tests must be conducted under proper conditions and by qualified personnel to ensure accuracy and fairness.
It is crucial to understand that this law applies only after a lawful arrest. Drivers who are not under arrest and only stopped are free to refuse field sobriety tests. However, once an arrest has been made based on probable cause, refusal to comply with a chemical test will trigger the mandatory penalties under the implied consent statute.
How California’s Implied Consent Law Can Affect a DUI Charge
For a valid DUI arrest, police officers must first establish probable cause, which is a reasonable belief, based on observable facts, that the driver is impaired. Signs such as erratic driving, the smell of alcohol, or slurred speech can justify the stop. Without probable cause, any arrest or subsequent testing may violate the Fourth Amendment protection against unreasonable search and seizure.
Once an officer has lawfully arrested a driver, the implied consent law takes effect. Refusing the chemical test will not prevent an arrest but may worsen the situation, as the refusal can be used as evidence in court. However, a DUI attorney can examine whether the officer had probable cause and whether testing procedures followed legal standards.
Contact The Law Office of Nicolai Cocis if You Have Been Arrested for a DUI in California
If you are facing DUI charges or have been accused of refusing a chemical test, it is critical that you act quickly. The implied consent law is complex, and you do not want to go to court alone. Contact an experienced California DUI defense attorney today to protect your future. Skilled legal representation is crucial to ensure that your rights are upheld and that you receive the best possible outcome for your case. At The Law Office of Nicolai Cocis, we have over 25 years in providing aggressive and strategic DUI defense throughout Riverside County, California. Contact us today to schedule a consultation with an experienced DUI attorney with a proven record of success.
