Drivers stopped for suspicion of driving under the influence (DUI) in California often wonder about the consequences of taking vs. refusing a blood alcohol test.

California DUI laws require chemical breath testing following an arrest for driving under the influence; however, you are not required to take a breath test prior to being arrested unless you are under the age of 21. As outlined below, the penalties also differ when the driver is under the age of 21.

For how long will my driving privilege be suspended if I took the chemical test?

If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:

• A first offense will result in a 4-month suspension.


• A second or subsequent offense within 10 years will result in a 1-year suspension.

If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

How long will my driving privilege be suspended for not taking the chemical test?

If you were 21 years of age or older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:

• A first offense will result in a 1-year suspension.


• A second offense within 10 years will result in a 2-year revocation.


• A third or subsequent offense within 10 years will result in a 3-year revocation.

If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

• A first offense will result in a 1-year suspension.


• A second offense within 10 years will result in a 2-year revocation.


• A third or subsequent offense within 10 years will result in a 3-year revocation.

If you find yourself arrested after a chemical test, contact your local California DUI Defense Attorney to find out more information on what you could be facing as a DUI offender.

Posted by Thomas Wallin at 3:15 AM | Permalink

Adrian Pasdar was arrested for driving under the influence in Los Angeles on the 405 freeway. It was around 3:00 am when the Ford F-150 was pulled over by officers travelling at a speed in excess of 90 mph and splitting lanes. It is alleged that Pasdar refused to take a breathalyzer. Pasdar posted $15,000 bail and is scheduled to appear on February 24, 2010 for his arraignment. Pasdar is most notably recognized for his work on the show Heroes and being married to Natalie Maines of Dixie Chicks fame. Unfortunately, reports of a celebrity being arrested for a Los Angeles DUI are all too common. The fact of the matter is that drunk driving charges do not just affect Hollywood's elite. Whether it is driving home from a Laker's game after having a couple of beers or leaving a friend's wine tasting party - Californians are pulled over every night for driving under the influence. The most important thing that you can do is contact a qualified Los Angeles DUI Defense Lawyer. You want someone who is local to the Los Angeles area and dedicates their practice to DUI defense in order to get the best possible outcome in your drunk driving case.

Posted by Thomas Wallin at 7:52 AM | Permalink