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Implied Consent in California


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11/17/2008
Anders Johnson
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Once you have been taken to the police station in California, you will be asked to take a test to measure your blood alcohol content.  Can you refuse to take the test?

In California, as well as other states, there is an "Implied Consent" law.  The law states that by driving a motor vehicle in California, you have already given your consent to take a test.  Going back on your word by refusing to take a test will result in your driver's license being suspended for a longer period of time. 

The officer will read you an advisory about the test, and in this advisory is the warning about the consequences of not taking a test.  Pay attention to the advisory, and look to whether the officer correctly communicated your rights, misleads you, exagerates the penalties, or makes any threats or inducements.  If he or she does, then a judge may throw out the results of any test you decide to take.

The decision is ultimately yours.  If you believe you are not intoxicated, take the test.  If you are unsure, or are quite intoxicated, and are not concerned about the loss of your license, then you need to weigh the test versus the consequences of not taking the test.

 



Category: General


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