DUI arrest, California’s “implied consent” law requires
all suspects to submit to
chemical testing to determine blood alcohol content (BAC) or the amount of drugs in the
person’s system. The suspect is generally allowed to choose between
a blood, breath, or urine test.
Refusing to perform a chemical test after arrest results in a one-year
license suspension. A second refusal—or if you had a reckless driving
or DUI conviction within the past 10 years—can lead to a two-year
On the other hand,
the implied consent law does not require drivers to submit to chemical
testing BEFORE a lawful arrest. In order to establish probable cause, an officer may ask a driver to
take a voluntary “preliminary alcohol screening” (PAS) test—typically
administered with a handheld breathalyzer. Keep in mind, only drivers
who are under 21 years of age or currently on DUI probation are required
to take a pre-arrest PAS test.
If you do agree, however, to take a PAS test, the results can be used against
you in court.
The Law Offices of Jarrod M. Wilfert, our Ventura DUI attorneys utilize their former careers to your advantage.
When you retain our legal team, we do not hesitate to take swift action
and do everything we can to obtain a favorable outcome.
If you have been arrested for a DUI in Ventura County,
contact us and schedule a
free consultation today.