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Implied consent law is the rule in California
that, if you're operating a motor vehicle in this state,
and you get arrested on suspicion of DUI, then
you agree to take what's called a chemical test.
Now, usually, you're given the choice
between a breath test and a blood test.
But the law says that, if one of them is not available,
the police can make you take the other one.
And if you're suspected of DUI of drugs only,
then the police can require you to take a blood test rather
than a breath test, because drugs, as opposed to alcohol,
are not going to be detected by a breathalyzer.
Now the important thing to remember
is you're only required to take a chemical test when
you've been arrested for DUI.
So when the police pull you over, a lot of times
they will ask you to blow into a handheld device at the roadside
before they arrest you.
This is called a PAST, or Preliminary Alcohol Screening
Test.
You are not required to take this test.
It's not covered under implied consent law,
unless you are under 21, or on probation for DUI.
But barring that, you have the option not to take this test.
And we advise people, if you're in this situation,
never agree to take the PAST test.
The officer may not tell you that you have a choice.
But you do have a choice, and you should politely decline.
But if you do ultimately get arrested for DUI,
and that's where they, sort of, put the handcuffs on,
take you to the station, and say, OK, well now
you've got to take a blood or breath test.
Then, under California law, you do have to take the test.
You do not have the right to consult an attorney beforehand.
You are required to take one of the given tests.