Legal Question in Criminal Law in California

My friend was arrested for under the influence(narcotics)

while she was out walking. after being given the field test 4 times by 4 different officers, a 5th officer tested her and arrested her. she refused a blood test. over the next 8hrs. she was asked 4 more times, and refused. since none, was mentioned is there some kind of penalty for not taking test. (calif)


Asked on 2/06/12, 5:08 am

4 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

The prosecution will attempt to use the fact of your refusal as contiousness of guilt. The charge is a misdemeanor which holds a minimum of 90 days in jail for a conviction. I wouls seriously consider finding a good lawyer NOW, in or near your area. If you want to speak further, call my office. I wish you well............ David Wallin

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Answered on 2/06/12, 5:38 am
Glen Fleetwood Mister DUI-800-468-2-502

I believe there is a catch in your question. The officers do not accept a refusal, they force you to take a blood test if suspected of being under the influence of drugs.

Except in one condition; if they believe she was not "walking" but had just driven. Then they can label her refusal and arrest her for DUI. There is NO PENALTY for refusing as long as she was not charged with DUI. Have her call me for help.

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Answered on 2/06/12, 7:07 am
Anthony Roach Law Office of Anthony A. Roach

The penalty for refusing to submit to a drug test when suspected of being under the influence is that the prosecutor is entitled to a jury instruction in which the jury is informed of the refusal, and allowed to infer guilt from the refusal. That instruction can have a significant influence on the jury.

Your friend should get an attorney, and arrange to have her own drug testing done, immediately.

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Answered on 2/06/12, 10:58 am


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