Implied Consent
If you take to the roads in California, did you know you’ve already agreed to blood alcohol content (BAC) testing? The so-called “implied consent law” under California’s Vehicle Code governs conduct on the roads. And it can deeply affect the outcome of your San Diego DUI case. Read on for more information on San Diego implied consent laws and issues.
What is implied consent? Simply put, implied consent means that by driving on a California or San Diego road, you consent to a chemical test to determine drug or alcohol use by law enforcement. Hence, if you are pulled over by an officer who suspects you of DUI, you are required to submit to chemical testing. Refusal to submit will result in immediate license suspension for one year upon first refusal, two years upon second, etc. The refusal suspension is absolute, meaning that you will not even have license privileges to drive to work, school, or doctor’s appointments. No wonder that San Diego DUI defense attorneys take San Diego implied consent laws and surrounding issues so seriously.
The right San Diego drunk driving defense lawyer understands that an implied consent case carries different issues and ramifications. There is a DUI element and a criminal element in such a case, requiring swift action and the savvy collection of evidence and arguments by your attorney. For example, your attorney can argue that your refusal was not “express” (overt); that is, if you do not explicitly say no, your lawyer might be able to argue that your refusal should be overlooked or excused. In addition, if you refuse a breath test in favor of blood analysis, you still have legal rights. Ask your San Diego DUI defense lawyer for information about whether you might not be in violation of San Diego implied consent laws.
Given the double consequences for refusal of BAC or chemical testing, you need to take quick action on your own behalf. You have a mere 10 days to file for a DMV administrative hearing to deal with this issue, and hence time is of the essence as you seek legal representation. Look for an attorney with a strong track record…a commitment to the innocence of his clients…the aggressive spirit and independent resources it takes to successfully defend your DUI in San Diego courts. Stephen Brodsky has devoted his practice to criminal defense for over 20 years and has extensive experience in implied consent issues along with standard DUIs. Have you been accused of a San Diego DUI with a refusal? Don’t lose your license. Contact Stephen Brodsky today for more information and a free case consultation.
What is implied consent? Simply put, implied consent means that by driving on a California or San Diego road, you consent to a chemical test to determine drug or alcohol use by law enforcement. Hence, if you are pulled over by an officer who suspects you of DUI, you are required to submit to chemical testing. Refusal to submit will result in immediate license suspension for one year upon first refusal, two years upon second, etc. The refusal suspension is absolute, meaning that you will not even have license privileges to drive to work, school, or doctor’s appointments. No wonder that San Diego DUI defense attorneys take San Diego implied consent laws and surrounding issues so seriously.
The right San Diego drunk driving defense lawyer understands that an implied consent case carries different issues and ramifications. There is a DUI element and a criminal element in such a case, requiring swift action and the savvy collection of evidence and arguments by your attorney. For example, your attorney can argue that your refusal was not “express” (overt); that is, if you do not explicitly say no, your lawyer might be able to argue that your refusal should be overlooked or excused. In addition, if you refuse a breath test in favor of blood analysis, you still have legal rights. Ask your San Diego DUI defense lawyer for information about whether you might not be in violation of San Diego implied consent laws.
Given the double consequences for refusal of BAC or chemical testing, you need to take quick action on your own behalf. You have a mere 10 days to file for a DMV administrative hearing to deal with this issue, and hence time is of the essence as you seek legal representation. Look for an attorney with a strong track record…a commitment to the innocence of his clients…the aggressive spirit and independent resources it takes to successfully defend your DUI in San Diego courts. Stephen Brodsky has devoted his practice to criminal defense for over 20 years and has extensive experience in implied consent issues along with standard DUIs. Have you been accused of a San Diego DUI with a refusal? Don’t lose your license. Contact Stephen Brodsky today for more information and a free case consultation.