Do I need to take a chemical test to prove my innocence?
No, you do not need to take a chemical test to prove your innocence of a DUI law in California. In California, you are not obligated to take a chemical test, such as a breathalyzer, blood, or urine test, to prove your innocence. Instead, you are legally allowed to refuse to take any chemical test that is requested by an officer of the law. This is known as your “implied consent”. The law in California states that you may be charged with a DUI even if you do not submit to a chemical test. If a police officer has reasonable cause to believe that you are driving under the influence, they can take you into custody and charge you with a drunk driving offense without a chemical test. If you do choose to take a chemical test and the results show that you are under the legal limit, then those results could be used in your defense against a DUI charge. However, the results of a chemical test alone cannot guarantee that you will be found innocent of any DUI charge. The only way to guarantee your innocence is to have a legal representative present at your court hearing.
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