Implied Consent Law – Refusing to Take a Chemical Test
California and many other states have passed similar laws known as an “Implied Consent Law”. Public opinion has pressured law makers to pass tougher laws to crack down on drunk driving. With Implied ConsentLaw , a California driver is compelled to take a chemical test (blood, breath or pee) if police suspect that they have been driving a car or other vehicle while under the influence of drugs and/or alcohol. A police officer will not force you to take a chemical test (yet). However, you will face serious penalties for refusing to take a requested chemical test. That’s why you need an experienced lawyer. If you have refused a chemical test in Orange County, contact the law offices of Coffey and Coffey. Schedule a free in person consultation to discuss how we will defend your case.
How does the State Get Away with “Implied Consent”?
When you apply for a California driver’s license, you in fact agree to take a chemical test if you are asked by a police officer to do so. If you do not consent the chemical test, then the state has no proof that you are driving under the influence. That’s why California has enacted the Implied Consent Law. Politicians are trying to show how “tough” they are on crime by cutting off all possible defenses to a DUI convictions. Implied consent laws coercedrivers to submit to a chemical test so that the results can be used as evidence against them.
If you have refused to take a chemical test at the request of a police officer, you may be facing some serious consequences. But there is something you can do. Hire an experienced DUI lawyer who:
- Knows the law
- Is familiar with the courts in Orange County California.
At Coffey and Coffey, we deal exclusively with Orange County Courts. That means that we know which D.A’s and which judges to try to get your case in front of. We deal exclusively with DUI and other criminal defense matters. Here are just a few things that we will do to try to defend your “alleged” actions:
- We will ask if you have a medical condition or injury that prevented you from being able to submit a chemical test.
- We will may ascertain and then assert that you in fact did NOT refuse to take the test but rather there was a misunderstanding between you and the police officer?
- We will find out if the police office advised you of the consequences for refusing.
These and many more options are available to be used in your defense if you are accused of refusing a chemical test at the request of a police officer.If you are in “hot water’ for allegedly refusing a chemical test in Orange County, contact Coffey and Coffey today. Call us for a free in person consultation: 800-706-7888