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License suspension or revocation traditionally follows conviction for alcohol-impaired or drunk driving. However, under administrative license suspension (ALS) laws, sometimes called administrative license revocation or administrative per se, [1] licenses are confiscated and automatically suspended independent of criminal proceedings whenever a driver either (1) refuses to submit to chemical ...
However, in 2016, the Kansas Supreme Court ruled that Kansans who refuse to submit to either a breath or blood test in DUI investigations cannot be criminally prosecuted for that refusal. The court found unconstitutional a state law making it a crime to refuse such a test when no court-ordered warrant exists.
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California also has a limit of 0.01% for drivers who are under 21 or on probation for previous DUI offenses pursuant to California Vehicle Code Sections 23136 and 23140. California also makes it illegal for persons who are on probation for a DUI conviction to drive with a blood or breath alcohol concentration of 0.01% or greater pursuant to ...
Can a driver turn around to avoid law enforcement at a DUI checkpoint?
Some US states, notably California, have statutes on the books penalizing preliminary breath test refusal for drivers under 21; however the Constitutionality of those statutes has not been tested. (As a practical matter, most criminal lawyers advise suspects who refuse a preliminary breath test or preliminary alcohol screening to not engage in ...
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Implied consent laws may result in punishment for those who refuse to cooperate with blood alcohol testing after an arrest for suspected impaired driving, including civil consequences such as a driver's license suspension. In 2016, the Supreme Court of the United States in Birchfield v.