When a driver is suspected of DUI, police officers may conduct field sobriety tests to look for signs of impairment prior to being able to legally issue a formal arrest. These tests are voluntary and can be refused, though the refusal may be used in court. After an arrest, chemical tests like breath, urine, blood are required by law, and a refusal can lead to penalties or a warrant. If you’ve been accused of a DUI in California, it is crucial to contact a criminal defense attorney as soon as possible. Continue reading to learn more about DUI tests in California.
What is A DUI in California?
In California, driving under the influence, more commonly referred to as a “DUI” is a serious criminal offense that involves operating a vehicle while impaired by alcohol, drugs, or both. This may involve not only illegal drugs but could also include prescription and over-the-counter medications, if they can impair one’s ability to drive. Penalties for a DUI can include jail time, fines, probation, and loss of driving privileges through license revocation or suspension. As such, it is vital to take any potential DUI charge seriously.
Understanding The DUI Field Sobriety Tests in California
There are several “DUI” tests used in the state of California. The first type are tests used by police officers, called field sobriety tests, to first determine if an individual may be impaired under the law. These tests can be refused. When a driver is stopped based on reasonable suspicion of driving under the influence (DUI), a police officer must then establish probable cause before making an arrest. To do this, the officer may administer a series of field sobriety tests designed to assess the driver’s physical and cognitive abilities. Some of the most commonly used field sobriety tests include:
- Horizontal Gaze Nystagmus (HGN) Test: The officer asks the driver to follow an object with their eyes to look for involuntary jerking movements.
- Walk-and-Turn Test: The driver must walk in a straight line, heel to toe, and, testing balance and attention.
- One-Leg Stand Test: The driver is asked to stand on one leg while counting aloud to check balance and focus.
At this stage, since the person has not yet been placed under arrest, they are not legally required to answer the officer’s questions or consent to field sobriety tests. Individuals have the right to refuse these tests and are protected from self-incrimination under the law. However, it is important to understand that refusing a field sobriety test may still be presented as evidence in court and could influence how the case is viewed by a judge or jury.
Penalties for Refusing a DUI Chemical Test in California
The field sobriety test help determine is the officer has probable cause to arrest the driver for driving under the influence of alcohol or drugs. One a driver is arrested, however, a police officer will want a chemical test, such as a breathalyzer, urine sample, or a blood sample as proof of intoxication. If you are arrested and refuse a chemical text, they will have to get a warrant for the sample. As such, you are allowed to refuse, but they will still be able to get it anyway. Additionally, refusing to provide a chemical sample will most likely result in the automatic 1-year suspension of your California’s driver’s license. It is yet another reason to immediately be represented by adequate DUI defense attorney following your arrest.
Contact The Law Office of Nicolai Cocis For Experienced DUI Defense
If you are charged with a DUI in California, it is important to have a skilled DUI attorney by your side as soon as possible. At The Law Office of Nicolai Cocis, we understand the complex legal and scientific aspects involved in DUI cases. Our legal team offers the experience and unwavering dedication needed to protect your rights and guide you through every step of the process. Contact us today to schedule a consultation and we can begin to plan a strategic defense right away.
