Everyone who is granted a license to drive by the Department of Motor Vehicles (DMV) has given their consent to taking a chemical test in the event that a law enforcement officer pulls them over for suspicion of driving under the influence (DUI). If drivers in these instances refuse to submit to the DUI test, they have violated the DMV’s rules. Appropriate consequences will result after the refusal.
Drinking and Driving Under the Age of 21
People under the age of 21 may not drive a vehicle with a blood alcohol level of 0.05. If these drivers break this law and are pulled over by a law enforcement officer, they are required to submit to either a blood test or a breath test to determine the amount of alcohol in the body.
Driving Under the Influence of Alcohol and Drugs
Driving under the influence of alcohol or drugs or both alcohol and drugs violates Section 23152 of the DMV’s code. A law enforcement officer who suspects someone of being under the influence will pull that person over. They seek to administer a chemical test to determine if the amount of alcohol within the driver’s system is 0.08 or above.
Driving Under the Influence of Alcohol and Drugs that Causes Injury
Violating Section 23513 will invite a DUI test for driving under the influence of alcohol or drugs; those who drive under the influence of a combination of alcohol and drugs also have broken this law. If these actions result in bodily injury to other people because the person driving under the influence broke the rules of the road or neglected to follow the laws, they have broken the law under Section 23513. These actions will also result in the necessity to submit to a blood, breath or urine test, because it is against the law to perform the actions described above with a blood alcohol level of 0.08 or greater.
Refusing a Chemical Test
If drivers who were suspected of drinking and driving refuse the DUI test, one of three different consequences will result. The first may be that the driver’s license will be suspended for one year. The driver’s privileges to lawfully operate a vehicle may be revoked for at least two years if the DUI occurs within 10 years of another qualifying offense. The driver’s license may be revoked for a period of three years if the latest drinking and driving offense occurs within 10 years of several more related offenses.
Refusing a test after drivers have been suspected of DUI is not an option. Just by obtaining a driver’s license from the DMV, people are giving their implied consent to give their blood, breath or urine for the purposes of blood alcohol level testing. This action will be required every time a driver is suspected of DUI, so drivers who make the choice to drink and drive need to be aware of it. Their actions can result in death or injury to innocent bystanders, and these drivers will need to be prepared to face the consequences.
