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Navigating the choice of refusing a breath test

Dale Gribow July 24, 2015

When a driver is first pulled over a DUI, his or her first instinct may be to do whatever the officer says, including submitting to a breath test. Under California implied consent law, drivers are required to submit to a test when an officer demands it. However, drivers can still refuse a breath test.

Breath tests are used on drivers who are suspected of driving under the influence. If a driver submits to a breath test, he will blow into a device that measures his blood alcohol content. If the result is above the legal limit, those results can be used to help convict him. Once convicted, the driver could face serious consequences including over $5,000 in penalties, an increase in car insurance rates, license suspension and even jail time. In most cases a DUI charge is a misdemeanor, but it can be upgraded to a felony if someone was injured or killed in the accident. Felony charges lead to even more fines and longer prison sentences.

Refusing a breathalyzer will lead to the automatic suspension of your license. However, it may be the best thing for you to do in your situation. If you decide to submit to the test, there are still ways to protect yourself. Navigating the court process can be hard, especially when you are scared for your future. Fortunately, Dale Gribow Attorney at Law has years of experience helping people fight their DUI arrests and negotiating reduced charges.

Facing any kind of drunk driving charge can be an extremely stressful situation to navigate. To find out more information about defending against DUI charges, please visit our website.