While most drivers in California have heard of the implied consent law, many do not fully understand how the law can affect them and what their options are under the law. Since motorists do not have the right to consult with an attorney immediately upon being stopped by authorities, it can result in motorists who are suspected of driving drunk not knowing their rights.
Drivers consent to submit to alcohol content testing in the event they are arrested on alcohol-related charges when they obtain their state driver’s licenses. According to the California Department of Motor Vehicles, people who drive in the state are deemed to have consented to submitting to either a breath test or a blood test in order to obtain their blood alcohol content level under California Vehicle Code section 23612. This can only be done if there is probable cause for their arrest on charges relating to driving under the influence, under age DUI or DUI causing injury.