Breath but no blood equals DUI refusal?

Question: I was arrested I gave breath test but refused blood test. Now I am being charged with refusal. How can this be if I took the breath test?
Answer: In California, officers usually ask a licensee in investigation for a DUI to take a preliminary alcohol screening test prior to being arrested. Taking this does not satisfy the “implied consent law.” Once arrested, the officer can then request a breath or blood test. In a situation where the officer suspects drugs are involved, they can request a blood test even after a breath test is given. Refusal to a blood test in this situation can constitute a refusal. Call me to discuss your DUI further.
Phil Hache
DUI & Criminal Defense Attorney