California's implied consent law is set forth in Vehicle Code Section 23612. It states that, if you are driving a motor vehicle in California, you are deemed to have given your consent to a chemical test of your blood or breath if you have been legally arrested for a DUI.
The officer must advise you that failure to submit to or complete the required testing will result in a fine and mandatory imprisonment if you are ultimately convicted of a DUI charge. The police must also tell you that failure to submit to or complete the required test will result in a DMV license suspension for a period of one, two, or three years.
If you refuse a chemical test of your blood or breath following a lawful DUI arrest, the prosecutor will add a refusal enhancement to your DUI charges. If the prosecutor can prove both the DUI charge and the refusal enhancement, it adds additional jail time and a longer DUI school requirement to your consequences.
However, there are many defenses to both the DUI and the refusal enhancement.
Call Mr. Crawford now to discuss the facts of your case confidentially and free of charge.