VC 23612 – Refusal to Submit to a Chemical Test
(a)(1)(A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcohol content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood or breath test, or both, are unavailable, then the person shall submit to the remaining test in order to determine the alcohol content of his or her blood.
(B) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or urine for the purpose of determining the drug content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153.
(C) The testing shall be incidental to a lawful arrest and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of Section 23140, 23152, or 23153.
(D) The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing will result in the suspension or revocation of his or her driving privilege for a period of one year to three years, as provided in Section 13353, and that the refusal to submit to, or the failure to complete, the required chemical testing may be used against him or her in a court of law.
Overview of the Criminal Charge
California Vehicle Code Section 23612, also known as the “implied consent” law, is a critical part of the state’s legal framework for handling DUI (driving under the influence) cases. This statute establishes that any person who operates a motor vehicle in California is automatically considered to have given their consent to undergo chemical testing—typically of their blood or breath—if they are lawfully arrested for a DUI-related offense. The purpose of these tests is to determine the alcohol or drug content in the driver’s system at the time of arrest.
Key Points of the Law:
- Implied Consent: The law presumes that by driving on California roads, drivers have implicitly agreed to submit to chemical tests if they are arrested under suspicion of DUI.
- Types of Tests: The law specifies blood, breath, and in some cases, urine tests to measure the alcohol or drug levels in the driver’s body.
- Obligations and Consequences: If a driver refuses to take or fails to complete the chemical tests, they face automatic penalties, including the suspension or revocation of their driver’s license for one to three years. Additionally, this refusal can be used as evidence against them in court, potentially strengthening the prosecution’s case.
- Legal Arrest Requirement: The tests must be conducted incident to a lawful arrest, and the arresting officer must have reasonable cause to believe that the driver was operating the vehicle under the influence of alcohol or drugs.
- Notification: The law mandates that the driver be informed of the consequences of refusing the test, ensuring that they are aware of the legal ramifications of their choice.
Application in DUI Cases:
In DUI cases, Vehicle Code Section 23612 plays a crucial role in both the administrative and criminal proceedings. The results of the chemical tests are often pivotal evidence in establishing whether the driver was intoxicated at the time of the arrest. Moreover, refusal to submit to these tests can lead to severe administrative penalties from the DMV, such as immediate license suspension, and can also harm the driver’s defense in court.
Defense attorneys often scrutinize the procedures followed during the arrest and testing process, looking for any deviations from the legal requirements of Section 23612. For example, if the officer failed to properly inform the driver of the consequences of refusal, or if the arrest was not legally justified, it may be possible to challenge the admissibility of the chemical test results or the imposition of penalties for refusal.
In summary, California Vehicle Code Section 23612 is a fundamental aspect of DUI enforcement, providing law enforcement with the authority to require chemical testing of drivers suspected of DUI and outlining the penalties for non-compliance. Understanding this law is essential for anyone facing DUI charges, as it directly impacts the legal strategies available in their defense.