California DUI Statutory Presumptions & Implied Consent Laws

California DUI Statutory Presumptions & Implied Consent Laws

California Statutory DUI Presumptions:

If the alcohol level was less than 0.05 percent, it will be presumed that the defendant was NOT under the influence of alcohol;

If the level was 0.05 percent or more, but less than 0.08 percent, there shall be no presumption either way.

A blood-alcohol level of 0.08 percent or more gives rise to a rebuttable presumption of intoxication.

A California DUI blood-alcohol test has a margin of error of 0.005 percent and the test indicates an alcohol content of precisely 0.08 percent, thus it is error to instruct a jury to presume that the California DUI defendant has been under the influence of alcohol.

California DUI Implied Consent Laws:

California DUI arrestee must be informed that his or her failure to submit to or complete the test will result in a fine and mandatory imprisonment, if convicted, and suspension of the person’s driver’s license for 1-2 years.

California DUI arrestee must be advised that refusal to submit to the test may be used against him or her in a court of law.

California Drunk Driving arrestee must be advised that he or she is not entitled to consult with an attorney before deciding whether to take a test, before deciding which test to take, or during administration of the chosen test.

San Diego California DUI arrestee must be advised by the officer that, if the person chooses a breath test, the equipment does not retain any breath sample and that no breath specimen will be available to be analyzed later. The arrestee must also be advised that he or she will be given an opportunity to provide a blood or urine sample that will be retained at no cost for subsequent analysis, arranged through a San Diego California DUI lawyer or San Diego California drunk driving attorney.

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