California Implied Consent Law
Implied Consent for Chemical Testing
Under California law a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested.
The testing shall be incidental to a lawful arrest and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle while under the influence of drugs or alcohol.
The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted of a violation of Section 23152 or 23153
Again the key here is that the suspect must have been lawfully arrest. The question for any experienced DUI defense attorney is was the arrest lawful? Let us review your case in order to see if you rights were violated under the implied consent law.
