Facing a DUI arrest in Pasadena and making the split-second decision about a breath test can be frightening and overwhelming. Our compassionate Pasadena DUI attorney, Antony Tung, understands the intense stress and anxiety you’re experiencing. He and our legal team are here to provide the steady, clear guidance you need during this difficult time.
We specialize in representing Pasadena drivers who refused breathalyzer or chemical tests during DUI stops. Our attorneys are deeply familiar with California’s complicated implied consent laws and know exactly how the Pasadena police and prosecutors handle these cases. We leverage our in-depth knowledge of local DUI enforcement tactics to build strong, personalized cases for our clients.
At Tung & Associates, we work diligently to challenge the refusal itself, contest the validity of your arrest, and aggressively protect your driving privileges at DMV hearings. Our ultimate goal is always to minimize penalties and help you retain your license and freedom.
Located conveniently near the Pasadena Courthouse at 790 East Colorado Blvd, 9th Floor, our attorneys offer prompt, caring representation when you need it most. We’re here to help 24/7 – call us immediately at (626) 416-4668 so we can start protecting your rights today.
What Is California’s “Implied Consent” Law for DUI?
California’s “implied consent” law means drivers automatically agree to chemical tests by operating a vehicle on state roads. Under this law, Pasadena drivers who are lawfully arrested on suspicion of DUI must submit to a breath or blood test to measure blood-alcohol content (BAC).
This law specifically applies after a lawful DUI arrest, not during preliminary roadside tests. Refusing the post-arrest breath or blood test triggers immediate and serious penalties, including an automatic license suspension and potential criminal charges.
It’s crucial for Pasadena drivers to understand that even if they believe the arrest is unjust, they are still required by law to take the official chemical test. Refusal penalties are harsh because California views refusal as obstructing law enforcement’s ability to assess impairment accurately. Contesting the arrest’s validity can and should be handled later, in court, with the assistance of an experienced DUI attorney like Antony Tung.
Do I Have to Take the Preliminary PAS Breath Test in Pasadena?
Preliminary Alcohol Screening (PAS) tests are roadside breathalyzer devices used by Pasadena police during DUI investigations. Drivers aged 21 or older who are not currently on DUI probation are generally not required to take these PAS tests before an arrest.
These tests are optional, much like other field sobriety evaluations. In fact, our Pasadena DUI attorneys typically advise politely declining PAS tests, as the results can potentially provide prosecutors additional evidence against you.
However, it’s important to note exceptions: drivers under 21 or those on DUI probation must comply with PAS testing. For these individuals, refusing carries significant penalties, including license suspension under California’s zero tolerance and probation laws.
Remember, even if you decline the PAS test, once officially arrested, you must submit to the mandatory breath or blood test under the implied consent law.
What Happens If I Refuse a Breath Test After Being Arrested?
Refusing the mandatory breath or blood test after a DUI arrest in Pasadena triggers severe consequences known as a “DUI refusal.” Immediately, the arresting officer will confiscate your license, issuing a temporary 30 day permit, and inform you about imminent license suspension.
California’s Administrative Per Se process mandates a minimum one year license suspension for first time refusals, increasing to two or three years for repeat refusals within ten years. You have only 10 days from your arrest to request a DMV hearing to challenge this suspension. This is a critical step our attorneys can handle for you.
Moreover, refusal doesn’t stop the DUI charges. Prosecutors can still pursue DUI charges based on observed behaviors such as erratic driving or failed field sobriety tests. Importantly, your refusal itself can be presented in court as evidence of guilt, implying that you refused testing because you knew you were impaired. Therefore, consulting an experienced Pasadena DUI attorney is vital to protecting your rights and driving privileges.
What Penalties Can I Face for Refusing a DUI Test?
Refusing a breath or blood test after a DUI arrest carries severe penalties, independent of DUI charges themselves. Immediately, your driver’s license faces an automatic suspension with no possibility of a restricted license.
Criminal penalties also intensify. Pasadena courts frequently impose harsher fines, additional jail time, and longer mandatory DUI education programs for refusal cases, viewing refusal as an aggravating factor that demonstrates non-compliance with law enforcement.
Additionally, prosecutors often highlight your refusal in court as evidence of guilt, suggesting to jurors that your refusal was an attempt to conceal intoxication. This negative inference can make your DUI charges harder to defend successfully.
Attorney Antony Tung quickly works to mitigate these consequences, challenging the validity of refusal allegations and safeguarding your rights.
Will I Still Be Charged with DUI if I Refuse the Breath Test?
Yes. Many drivers mistakenly believe refusing a breath or blood test after arrest means avoiding DUI charges due to lack of evidence. However, refusing a test does not prevent prosecutors from charging you with DUI.
Police rely on additional evidence, such as erratic driving patterns, officer observations, and field sobriety test performance, to support DUI charges even without chemical test results. Importantly, prosecutors frequently highlight refusal as evidence itself.
This makes defending DUI charges more challenging. Refusing doesn’t protect you. It complicates your situation, increasing both administrative and criminal penalties. If facing a DUI charge involving refusal, it’s critical to promptly contact an experienced Pasadena DUI lawyer near you to build a strong case and protect your rights.
Is It Ever a Good Idea to Refuse a Breathalyzer Test?
In most cases, refusing a post-arrest breathalyzer test in Pasadena is not beneficial. Although some drivers think refusing might help avoid providing incriminating evidence, the severe consequences under California law generally outweigh any potential advantage.
By refusing the test, you automatically trigger a lengthy license suspension (at least one year), and you risk harsher criminal penalties. Refusal itself also becomes damaging evidence. Prosecutors can argue you refused because you knew you were impaired, making your case harder to defend.
While some rare scenarios exist where drivers facing multiple prior DUIs might consider refusal strategically, even then, the penalties often outweigh any perceived benefit. Generally, Pasadena DUI attorney Antony Tung advises complying with post-arrest tests, then challenging the results legally if needed. Conversely, politely declining preliminary roadside tests before an arrest (if you’re over 21 and not on probation) can be advisable, as it prevents early evidence from being gathered against you.
What Should I Do During a DUI Stop in Pasadena?
Knowing what steps to follow during a DUI stop in Pasadena can significantly affect the outcome of your case. First, calmly and safely pull over, keeping your hands visible. Remain polite and respectful to the officer, providing identification and insurance information upon request.
Importantly, you aren’t required to answer potentially incriminating questions such as, “Have you been drinking?” You may politely respond, “I want to remain silent,” or “I’d like to speak with an attorney first.” Remember, preliminary roadside tests like field sobriety or PAS breath tests are voluntary for drivers over 21 who are not on DUI probation, and you may respectfully decline these tests.
However, if you are formally arrested, the situation changes. At that point, you must comply with the mandatory breath or blood test required by California’s implied consent law. After your release or as soon as possible, immediately contact an experienced Pasadena DUI attorney like Antony Tung. Timely legal advice is crucial to protecting your rights.
Contact a Pasadena DUI Lawyer Now
Immediately. If you’ve been arrested for DUI in Pasadena and refused a breath or blood test, it’s crucial to contact an experienced DUI attorney without delay. California law provides a very short window (just 10 days) to request a DMV hearing and contest your license suspension.
Missing this deadline almost guarantees losing your driving privileges for at least a year, regardless of the outcome in court. By contacting Tung & Associates immediately, you ensure your rights are protected from day one.
Attorney Antony Tung will quickly request your DMV hearing, carefully evaluate your arrest details, and begin crafting a robust strategy tailored to your situation. We know how overwhelming and stressful this situation can be. Let us help ease your burden.
Contact Tung & Associates today at (626) 416-4668 or make an appointment to visit our office at 790 East Colorado Blvd, 9th Floor, in Pasadena. We offer consultations and are ready to advocate aggressively and compassionately on your behalf, ensuring the best possible outcome for your case.
