Los Angeles Breath Test Refusal Lawyer

DUI and Breath Tests in Los Angeles, CA

When a driver is arrested for DUI in Los Angeles, he or she will be asked to submit to a breath test or blood test to determine his or her blood alcohol concentration. Refusing a breath test will result in the automatic suspension of your driver’s license.

If you are facing an issue related to a breath test refusal, you have the right to a DMV hearing to challenge your license suspension. A Los Angeles DUI lawyer can assist you with this matter.

Do You Have to Agree to a Breath Test?

There are two situations where a driver will be faced with the choice of whether to submit to or refuse a breath test. The first involves a roadside breathalyzer test using a handheld device. The second involves a standard breath test machine and takes place at the police station. Legally, you can refuse the handheld test if you have not yet been arrested for DUI. Because you have not been arrested, Implied Consent laws do not yet apply and you cannot face license suspension for a refusal. If you have already been taken into custody, however, you will face consequences for a breath test refusal.

It is possible to challenge the alleged refusal of a breath test; there are different strategies that your attorney may employ. This may include bringing into question the lawfulness of your arrest. What if law enforcement did not have probable cause to arrest you for DUI in the first place? It may also include questioning whether you were actually informed of the consequences of a refusal. By law, the police are required to inform you of what will happen if you refuse. Finally, your lawyer may be able to challenge whether you actually refused. With breath tests in particular, you may have agreed to the test but were unable to give a sufficient breath sample for some reason.

Your lawyer can review the particular circumstances of your alleged refusal to build a compelling case on your behalf. Contact a Los Angeles Breath Test Refusal Attorney today!