Attorney Kirk Tarman Explains The Evidentiary Tests In A DUI Arrest And How They Will Affect You
In California, the evidentiary breath or blood test is usually given at the station, not the roadside, and it's separate from the optional field tests. Once an officer has probable cause to arrest, Vehicle Code 23612's implied consent applies—declining the test can suspend your license for about a year through the DMV.
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Answered by Kirk Tarman · San Bernardino County, CA
Highlights
Frequently Asked Questions
Where is the evidentiary DUI test given?
Usually at the station rather than the roadside, using machines that are more reliable than the handheld roadside devices, and it's separate from the optional field tests.
Can you decline the chemical test?
Once an officer has probable cause to arrest, Vehicle Code 23612's implied consent applies—declining the evidentiary test can suspend your license for about a year through the DMV.
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