One of the most common questions after a DUI stop is whether a driver can refuse a breath test. The answer depends on which test the officer is requesting and when it is requested.
Roadside PAS Test vs. Post-Arrest Chemical Test
Before an arrest, an officer may ask a driver to take a preliminary alcohol screening, or PAS, test at the roadside. The rules governing that test are different from the chemical test required after a lawful DUI arrest. Whether a roadside test is required or voluntary can also depend on the driver’s age and circumstances.
After an Arrest, Implied Consent Matters
California’s implied-consent laws impose requirements on drivers who are lawfully arrested for DUI. A post-arrest chemical test generally involves a breath or blood test, and refusing a required test can create separate DMV consequences in addition to the criminal case.
Refusal Can Create a Separate DMV Problem
A chemical-test refusal can lead to an administrative license action by the DMV. The DMV process is separate from the criminal prosecution, so a person may need to address both proceedings. The consequences can be more serious than the consequences associated with simply providing a required sample.
What To Do After a DUI Arrest
Stay calm, avoid volunteering unnecessary information, and do not assume that a roadside test and a post-arrest chemical test are legally identical. If your license is being threatened by a DMV action, act quickly because DMV deadlines can be short.
If you were arrested for DUI and are unsure what test you were asked to take or what you were required to do, Lucero, PC can review the details of the stop and arrest.
This article is for general information only and does not constitute legal advice. Every case depends on its own facts. Contact Lucero, PC directly to discuss your specific situation.