Question: Can I refuse to take a DUI test at the police station? I was pulled over and arrested in Encino (no breath test done), then taken to Van Nuys and asked to do breath test again.
Answer: There is an implied consent in california, that bascially means that if you are arrested for a DUI, then you consent to giving a breath or blood test. A refusal to do so can be added as an “enhancement” to the charges. Technically, you are innocent until proven guilty. The prosecutor tries to use the evidence of the breath or blood test results against you in the Court case. Also, generally speaking, unfortunately there is no right to an attorney prior to giving a blood or breath test when arrested for a DUI. Feel free to contact me at 818-336-1DUI about your case to discuss it in more detail.
Criminal Defense & DUI Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, CA, San Fernando, CA, Burbank, CA, Glendale, CA, Pasadena, CA, Metropolitan Court, Bellflower, CA, Alhambra, CA, Malibu, CA, Compton, CA, Santa Clarita, CA, Airport Court, Chatsworth, CA Inglewood, CA, Los Angeles, CA and other Courts