DUI Breath Tests in Sonoma County
Arrested? Get a Skilled Santa Rosa DUI Attorney on Your Side
If you are ever pulled over for a suspected
DUI, you will be asked to submit to a breath test by the responding officer
to determine your blood alcohol concentration (BAC). In some cases, breath
tests are optional, while others are not. Refusing to submit to a mandatory
breath test can result in serious penalties. If you should ever be arrested
for DUI or are charged with refusing a breath test, a hard-hitting Santa
Rosa DUI lawyer from the Law Offices of Evan E. Zelig, P.C. can protect
your freedom and fight for a dismissal or reduction of your charges.
Countless clients have trusted us to handle their cases for the following reasons:
Super Lawyers® Rising Stars℠ distinction
- Thousands of clients represented
- Client Distinction Award recipient by Martindale-Hubbell®
- 2015 10 Best in Client Satisfaction by the American Institute of Criminal
Facing DUI charges?
Contact our office today to get the defense you deserve!
When Is a Breath Test Optional in CA?
Any breath tests that an officer may request
before a person is arrested are 100% optional and do not need to be taken. This
is known as a Preliminary Alcohol Screening (PAS) test and may be conducted
by a police officer using a hand-held breath-testing unit for the purposes
of determining if there is enough evidence to arrest a driver for DUI.
If you are pulled over, you are not required by law to submit to a preliminary
breath test, though an officer will likely not indicate this.
Submitting to a PAS breath test is only mandatory if:
- You are under 21 years of age
- You are on California DUI probation for a previous offense
What if I Have Already Been Arrested?
Any breath test that an officer may request after a person has been arrested
is mandatory under California’s “implied consent statute.”
This law states that by simply being issued a California driver’s
license, you have already consented to any breath, blood, or urine test
that an officer may request in the event that you are lawfully arrested
for suspected DUI. Refusing to submit to a breath test after being arrested
can bring various consequences.
Refusal of a post-arrest chemical test can result in the following penalties:
These penalties increase in severity depending on a person’s prior
record of test refusals and DUI offenses. While those who submit to a
breath test can sometimes apply for a restricted license, refusing a breath
test will nullify this opportunity. In most cases, it is recommended you
do not refuse a breath test, as the additional consequences will most
likely not be worth potential benefit of limiting the officer’s
evidence of your intoxication. If anything, refusing a breath test is
often seen as a sign of guilt and can be used to the prosecution’s
advantage. It is best to submit to a test and contact an attorney as soon
Trust in a Firm with 10+ Years of Experience
If you have refused a breath test following a DUI arrest, a high-caliber
Santa Rosa criminal defense lawyer from our firm can aggressively defend your freedom and greatly improve
your chances of securing a desirable outcome for your situation. Unlike
other firms who rely heavily on “cookie cutter” solutions,
we take the time to examine each client’s case in intricate detail,
allowing us to craft a custom-tailored strategy aimed at tearing apart
the prosecution’s claims. Your future is far too important to be
left up to chance – make sure your case is in good hands!
Call (707) 418-5352 to schedule a
complimentary case evaluation today.