When pulling someone over for suspected drunk driving in California, law enforcement will likely ask that driver to submit to a chemical test of his or her blood. This will typically determine the level of impairment, which would then determine if the driver will be under arrest. A driver technically has the right to refuse to comply with this test.
You put in your applications, which these days often include a list of your accolades up until this point in your life, an essay and anything else that gives you an edge over the competition. You feel good about the packets you put together.
If you were to take a test that could significantly impact the rest of your life, you'd no doubt want the test results to be accurate, right? If someone were to tell you that the results of a particular test could cost you your freedom, your desire to make certain test results were true would likely increase even more. Is it really possible to go to jail based on results from a test that may not have been administered properly or was defective in some way? The answer is yes.
If you plan a nice evening out with friends in California, you likely expect that, barring any major complications or unforeseen circumstances, you'll safely arrive at your destination, enjoy a few hours of good food, drink and conversation, then travel back home, toting memories of good times and good friends. There's obviously no way to predict the future, however, and sometimes things don't always go as planned, especially if the "good drink" portion of your evening involves alcohol.
While it may not seem like a big deal at the time, refusal to take a chemical test when requested to do so during a suspected DUI traffic stop can result in serious penalties. In fact, all charges related to drunk driving can result in serious penalties, no matter what your offense may be, and you would be wise to work to confront these charges effectively.
Getting stopped by police under any circumstances can cause you to experience extreme stress. Even if an officer simply wants to inform you of a broken taillight or other minor issue, you may still feel easily overwhelmed. Unfortunately, this sense of anxiety may increase if the officer suspects that you have consumed alcohol before getting behind the wheel. If so, an officer may ask you to perform field sobriety tests.
After a night out with friends, you take a chance and decide to drive yourself home. A car service would have been more expensive than you prefer, and you have definitely driven home on nights where you’ve drank more. You’re not worried. So when lights and sirens come your way, you’re surprised. When the officer tells you to take a breath test and you fail, you know what happens next.