When a law enforcement officer pulls you over, it’s natural to feel anxious and concerned about how this event will affect you. If the officer has reason to believe that you are driving under the influence of alcohol or drugs (an offense known as DUI in California), they will likely request that you submit to chemical testing in order to measure your level of intoxication. Refusing to submit to chemical testing can result in significant consequences, such as the mandatory suspension of your driver’s license, additional jail time, or mandatory participation in DUI education classes. However, it’s important to recognize that strict procedures and protocols accompany chemical testing; any violation of such procedures may render the test itself (or the results) invalid and inadmissible in court. If you are facing a DUI charge in Los Angeles County, you should contact a highly qualified and experienced criminal defense lawyer as soon as possible to identify the most strategic path forward. Your DUI defense attorney will examine every detail of your case and deploy effective defense tactics, such as disputing the chemical test results in court or involving an expert witness who can highlight the issues with common chemical testing procedures and results. No matter what the specifics of your case may be, contacting a skilled and trusted Los Angeles County DUI defense lawyer is the best way to maximize your chances of obtaining a fair and favorable outcome.
What is a Chemical Test for DUI in Los Angeles County?
First, it’s helpful to understand how chemical tests work and how law enforcement agencies and the California criminal justice system use these tests to prosecute individuals who drive with a blood alcohol concentration (BAC) that exceeds the legal limit (which is 0.08 percent in most cases). Essentially, chemical tests involve measuring the defendant’s breath, blood, or urine to measure the individual’s level of intoxication. The following chemical tests may be administered in DUI cases, depending on the specific factors and considerations of the situation.
Pre-Arrest Preliminary Alcohol Screening (PAS) Test
When a law enforcement officer is in the field and has reason to believe that a driver is intoxicated, they can use a Preliminary Alcohol Screening (PAS) test to measure the individual’s BAC. A PAS device is usually a type of handheld breathalyzer, which uses the driver’s breath to detect the presence of alcohol. It’s important to understand that you have the right to refuse to take a PAS test without legal consequences. However, if the officer places you under arrest and you are taken to the station, you will be required to take a chemical test (as part of California’s implied consent law). The PAS test is not always accurate or effective, and they have been proven to be susceptible to errors when improperly maintained or assembled.
Breath Test
Breath tests can be conducted in the field as a PAS test or at the police station after your arrest. If you have been arrested and taken to the station, refusing to submit to a breath test can trigger an automatic driver’s license suspension. So, what are the consequences of refusing a breathalyzer test after your arrest? If you are convicted of a DUI offense, the refusal to submit to testing can lead to more weighty sentences (like more time in jail, steeper fines, and other sentencing enhancements). However, breath tests are not 100 percent effective or reliable—factors like poor maintenance, calibration errors, or mechanical issues can skew the results.
Blood or Urine Test
In some cases, a law enforcement officer may ask you to take a blood test after your arrest, regardless of whether you refused or submitted to an initial PAS test. Blood testing can also be used to detect the presence of substances other than alcohol, such as drugs or other controlled substances. Just like breath tests, blood tests are vulnerable to factors that can contaminate or interfere with the results. Improperly handled blood samples, calibration issues, and other factors can skew the results and render the test unreliable or invalid. Although law enforcement may ask a suspect to submit to a urine test, this type of chemical test is no longer used in alcohol DUI cases.
If You Refuse a DUI Chemical Test, What Will Happen?
Many drivers who are pulled over by law enforcement are unaware of their legal rights and obligations in such situations. You have the right to refuse to submit to the pre-arrest PAS test, but this decision will likely lead to your arrest. Once you arrive at the station, your refusal to consent to chemical breath tests or another form of DUI chemical test will result in the automatic suspension of your driver’s license and other potential sentencing enhancements (i.e., a longer jail sentence, steeper penalties, mandatory participation in DUI education courses, etc.). As soon as you are able to contact a highly qualified and experienced Los Angeles County DUI defense attorney, take this step to start exploring your defense strategies.
How a Skilled Los Angeles County DUI Defense Lawyer Can Help
Whether you are facing a first-time DUI charge or you have prior DUI convictions on your record, you do not have to navigate this stressful experience on your own. Enlisting the guidance of a trusted and highly qualified criminal defense lawyer is the best way to maximize your chances of obtaining a favorable outcome. Your attorney will help you explore some of the most common issues with chemical testing methods, understand the legal standards for admissibility, and develop effective defense tactics for disputing BAC results in court. By better understanding the nuances of chemical testing and BAC evidence, you can better prepare to challenge incriminating evidence and protect your rights in serious DUI cases.
If you are facing DUI charges in Los Angeles County, you need highly effective legal representation as soon as possible. Call Wegman & Levin today at (818) 980-4000 to arrange a free consultation with an experienced and knowledgeable criminal defense attorney who will fight hard to keep your future bright.
