Refusal To Take Breath Tests

If you have been arrested for DUI and have refused to take an evidentiary breath test, you may be facing serious penalties for both the underlying crime of drunk driving and breath test refusal. To protect your rights, you need to get in touch with a defense attorney right away.

San Mateo Breath Test Refusal Attorneys

At The Law Offices of Michael L. Davidson, our experienced San Mateo breath test refusal lawyers aggressively defend clients against DUI and refusal accusations. We practice in the criminal courts and at the Department of Motor Vehicles (DMV) throughout the Bay Area. Call 650-573-8000  or contact us online.

Implied Consent & Breath Test Refusal Penalties

In California, when you receive a driver’s license or drive a vehicle on a public road, you give implied consent to chemical testing in the event that you are suspected of DUI. This means that, in most cases, if you are asked to take a breath test, the test is mandatory.

If you refuse a validly requested breath test, the DMV can administratively suspend your driver’s license, even if you are never charged with or convicted of drunk driving.

If you are convicted of DUI, breath test refusal will add between 48 hours and 18 days to any jail sentence you receive. In some cases, refusing the test can also increase your period of driver’s license suspension and number of drunk diving classes you are required to attend.

Refusing Breath Tests From The Roadside

Not every type of breath test is necessarily required under California law. Many police officers carry breath testing devices on patrol so they can test people at the roadside. In most cases, these are considered preliminary tests, and there is no penalty for refusing to take one.

Contact a DUI Lawyers Today!

If you have been accused of DUI or breath test refusal, do not hesitate to contact an experienced attorney to discuss your options. Our attorneys proudly represent clients throughout the entire Bay Area including these cities on the Peninsula:

  • San Mateo
  • Redwood City
  • Foster City
  • San Bruno
  • South San Francisco
  • Palo Alto
  • Burlingame

To schedule a free consultation with one of our experienced DUI defense lawyers, call 650-573-8000  or e-mail us.

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The Law Offices of Michael L. Davidson
411 Borel Avenue
San Mateo, CA 94402

Phone: 650-573-8000
Fax: 650-345-9875
San Mateo Law Office