Burbank DUI Defense Lawyer

Implied Consent for Chemical Testing

In the state of California, anyone who is issued a driver's license is automatically assumed to have given his or her consent to chemical testing of their blood or breath for the purpose of ascertaining the blood alcohol concentration of their blood. In other words, when a police officer has lawfully pulled someone over on a traffic stop and suspects DUI, the suspect is expected to provide a sample of their breath or blood when a police officer request such sample.

When a police officer requests a chemical test, they are supposed to inform the suspect that failure to submit to a chemical test, or failure to complete a chemical test will result in a fine, imprisonment if they are convicted of a violation under Section 23152, or driver's license suspension for one full year, or revocation of the person's driving privileges for up to 10 years if they refused a chemical test within 10 years of a separate violation of Section 23103. If you have been arrested for DUI in Burbank, or any other location within Los Angeles County, contact a Burbank DUI defense attorney immediately.

Blood, Breath & Urine Tests

When a person is lawfully arrested for driving under the influence of alcohol, he or she will be given the choice of submitting to a blood or breath test and they will be advised that they have a choice. If the person is deemed physically incapable of performing or completing the chosen test, then another test will be performed.

Those drivers who choose a breath test may also be asked to submit to a blood or urine test as well, especially if the officer has reasonable cause to believe the suspect is under the influence of alcohol and a drug. In this case, a blood or urine test will clearly indicate if the officer's suspicions were in fact valid. Although a person can refuse to submit to any of the above tests, refusal will be used against them in a court of law. If the person is unconscious as in a "black out" or after an accident, the chemical test may be administered at the direction of the peace officer.

If a suspect refuses to submit to a chemical test or refuses to complete such test, the police officer shall serve them a notice of suspension or revocation of their driving privileges, they will then take the person's driver's license and issue a temporary driver's license that will be valid for 30 days from the date of the initial arrest.

Burbank DUI Defense Attorney

If you have been arrested for DUI, contact a Burbank DUI defense lawyer from the Law Offices of Loren M. Merlin. A DUI conviction can incur both criminal and administrative consequences for an individual. There are many proven, successful defenses to DUI charges that our firm may employ in your case. To start taking action today towards protecting your driving privileges, contact an attorney from our firm to schedule your initial consultation.

To learn more about your possible DUI defense, contact a Burbank DUI defense lawyer from the firm today.