When and how do you have the right to refuse a PAS test for California DUI?
The answer depends on circumstances of your arrest. In some cases you do; in some cases, you don't. Why would you want to refuse the test? Let's say you believe that you were on the bubble of the legal limit; you might want to avoid taking the test to prevent prosecutors from getting more evidence to put you BEHIND BARS, fine you hundreds or even thousands of dollars, and strip you of your California driver's license for months or longer.
However, if you have a previous criminal conviction – such as a conviction for DUI – you may not refuse the test. If you do, you could be punished with more jail time and other serious consequences. At the same time, even if you can legally refuse to take a PAS test, police can still arrest you for DUI; and you can still be charged and convicted.
Unfortunately, many defendants have no idea about what they can and cannot do after a DUI stop, and they waste a lot of time and needless energy. What they really should be doing is searching for and retaining an experienced and aggressive California DUI defense attorney, like Christopher Martens.
If you've been arrested in Porterville for DUI, and you have a court appointment set at Porterville Court at 300 East Olive, we can aggressively represent you and help you keep your license and stay out of JAIL.