Breath Test Refusal Attorney in Modesto, California

When facing a DUI charge, law enforcement officers will commonly conduct a breath test to test your blood alcohol content (BAC). When you obtain your driver's license in California, you consent to submit to chemical testing when requested by law enforcement. Refusing a breath test can have significant repercussions, but working with a skilled DUI lawyer can help mitigate any consequences.

At Roth Legal, A Professional Law Corporation, Attorney Ryan Roth strives to provide useful information on what you need to know about breath test refusal in California and what you can do if you've refused a breath test following a vehicle stop or arrest.

If you're seeking legal representation for A breath test refusal in Modesto, Stockton, Manteca, Merced, or anywhere in California, call Attorney Ryan Roth at Roth Legal, A Professional Law Corporation, to schedule a consultation.

The Consequences of Refusing a Breath Test

Refusing a breath test in California invokes the state's "implied consent" law. This law stipulates that by driving on California roads, motorists consent to chemical testing if lawfully arrested for a DUI. Refusal to take the test may result in: 

• License suspension: A first-time refusal can result in a one-year license suspension, and subsequent refusals can result in even longer suspensions. 

• Increased penalties: Refusing a breath test can result in harsher penalties if convicted of a DUI, including increased fines and longer jail sentences. 

• Use in court: Prosecutors can use the refusal as evidence of guilt in court, arguing that the individual refused the test because they were aware they were intoxicated. 

• Mandatory DUI education programs: Individuals who refuse a breath test may be required to attend mandatory DUI education or treatment programs, which can be both time-consuming and costly. 

• Insurance repercussions: Breath test refusal can lead to higher car insurance premiums, as insurers may view the refusal as an indication of high-risk behavior. 

• Ignition interlock device: In some cases, individuals who refuse a breath test may be mandated to install an ignition interlock device (IID) on their vehicles. This device requires the driver to pass a breathalyzer test before starting the car.

Breath Test Refusal Laws in California 

California Vehicle Code Section 23612 outlines the implied consent law, which mandates that drivers must submit to chemical testing if legally arrested for suspected DUI. The law applies to both breath and blood tests.

Refusal penalties are administered by the California Department of Motor Vehicles (DMV) and are separate from any criminal penalties imposed by the court.

Probation Impact 

If the individual is on probation for a previous DUI, refusing a breath test can be considered a probation violation, leading to immediate probation revocation and additional penalties. 

Commercial Driver Consequences 

For commercial drivers, refusing a breath test may result in the suspension of their commercial driver's license (CDL) for at least one year, severely impacting their livelihood and employment opportunities. 

How Roth Legal Handles a Breath Test Refusal Case

At Roth Legal, we strive to meticulously analyze your case to help you craft a strong defense. Some of the ways we can help with your case include:

• Initial consultation: Attorney Ryan Roth will conduct a thorough consultation to understand the specifics of your case and help you formulate a tailored defense strategy. 

• Evidence review: By reviewing all available evidence, including police reports, video footage, and witness statements, Attorney Ryan Roth will work with you to identify inconsistencies or procedural errors. 

• Legal strategy: Developing a solid legal strategy involves challenging the legality of the traffic stop, the administration of the breath test, and the officer's adherence to protocol. Attorney Ryan Roth will scrutinize each aspect to help you create a compelling defense. 

• Court representation: Attorney Ryan Roth strives to represent his clients through every stage of the legal process, from DMV hearings to court appearances. His persistent and aggressive advocacy aims to achieve the best possible outcome for his clients.

Options After Refusing a Breathalyzer Test

If you have refused a breathalyzer test, it’s crucial to seek legal counsel immediately. An experienced DUI lawyer can help you explore potential defense strategies. Here are a few options that might be available:

1. Scrutinizing the traffic stop: Your attorney will look into the details of the traffic stop to see if there were any mistakes or violations that might help your case by getting evidence thrown out. For example, if the officer did not have reasonable suspicion to pull you over, any evidence gathered from the stop could be deemed inadmissible.

2. Challenging the refusal: Your lawyer will check if the officer correctly explained the consequences of not taking a breathalyzer test. If there were any mistakes or if your rights were ignored, it could help your defense.

It's important to keep in mind that refusing a breathalyzer test doesn't automatically mean you'll be found guilty of DUI. With the help of an experienced criminal defense lawyer, there are several options available to potentially fight against these charges. Contact Attorney Ryan Roth to discuss your specific situation and learn how he can help you build a solid defense strategy.