Implied Consent Law In California
Once they say you’re under arrest or inform you that you have a choice of a test, you must take a breath or blood test and if you do not or if you refuse to do that, you will lose your license for one year or more, without any restrictions.
Implied Consent Applies To All Drivers’ License Holders In The State Of California
This applies to everybody. The scary part about this is we get people coming in to California from other states that allow people to refuse chemical tests. So, it used to be and this has changed recently but in Texas, you could refuse to take a chemical test without losing your license.
With the severe consequences of California’s laws, I’ve had clients come in from other states and refuse to take a test and say, wait a minute, I didn’t consent to this. I didn’t sign anything. But it doesn’t matter what state you’re from. Basically, when you get behind the wheel in California, the law says that you must abide by California’s laws and rules. Even though you haven’t signed anything, even though your license is from another state, by driving in California, you’re subject to its rules and that’s the implied consent law, unfortunately.
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