Implied Consent Laws
California also implements “implied consent” laws requiring all drivers who are lawfully arrested for DUI to submit to BAC testing. In most cases, the driver may choose between a blood or breath test.
If a motorist refuses lawful testing, they will face a $125 fine and a period of license suspension based on any previous refusals:
- 1st refusal – 1 year
- 2nd refusal – 2 years
- 3rd refusal – 3 years
Gross Vehicular Manslaughter While Intoxicated
One specific category of DUI that California law addresses is gross vehicular manslaughter while intoxicated. This is when DUI or drunk driving causes another person’s death and can also be charged as a murder instead. Gross vehicular manslaughter while intoxicated is a felony that could lead to 4, 6, or 10 years in state prison, as well as driver’s license suspension and up to $10,000 in fines.
Individuals could possibly face a severer sentence of 15 years to life in state prison if they have a prior conviction for any of the following:
- gross or ordinary vehicular manslaughter while intoxicated;
- vehicular manslaughter while operating a boat;
- DUI causing injury.
An experienced DUI attorney can potentially help defend against gross vehicular manslaughter while intoxicated charges, though. For instance, they could argue that the defendant’s negligence did not cause the alleged victim’s death or that the defendant was facing a sudden emergency and acted reasonably under those circumstances. In any case, it is advised to consult with a legal professional to strategize the most effective and appropriate defense.
Contact Adams Law to Get Started on Your Defense Today
If you are facing DUI charges in Los Angeles, you could be facing years behind bars and thousands in fines. Your future driving privileges may also be revoked, and you will have a mark on your criminal record that will last for 10 years. Adams Law, however, can help you mitigate the consequences as best as possible. Our firm has been defending clients for 8 years in court, and we can think outside the box to develop a compelling defense for you against your charges.