By Michael G. Stogner
Aldon Smith was arrested by the California Highway Patrol on December 6, 2021 on Farm Hill Blvd, Redwood City, San Mateo County, California. He crashed his vehicle into a Recology Truck injuring the driver.
Silicon Valley.com Reporter Michael Nowels reported his BAC was .288
What is Not known is what time did he finally take the test?
According to the Chart below Aldon Smith should lose his California Drivers License for 3 years and he should be in Jail for an additional 18 days. Hopefully the Silicon Valley .com News provider will follow up on this topic.
If you refuse to submit to a DUI breath test after being lawfully arrested for driving under the influence in California, you will face penalties for a chemical test refusal.
The major consequences of a chemical test refusal in California are: 1) increased penalties in addition to the standard California DUI penalties, and 2) a mandatory driver’s license suspension that will occur regardless of the outcome in your DUI case.
This is because of California’s “implied consent” law. Under this law, you have no right to refuse a DUI breath test once you are lawfully arrested for DUI.
Traditionally, California’s “implied consent law” applied to DUI blood tests as well as to breath tests. But the Supreme Court of the United States has suggested that defendants may not be penalized for refusing to take blood tests in cases where the police have not obtained a warrant.
The following chart clarifies the additional penalties that will accompany a DUI conviction if you refuse to take a DUI breath test.
|Number of Prior DUIs in the Past 10 Years||Additional Jail Time for Refusing a Breath Test||License Suspension/Revocation for Chemical Test Refusal|
|0||48 extra hours in jail; six extra months of required DUI school||1-year license suspension|
|1||96 extra hours in jail||2-year license revocation|
|2||10 extra days in jail||3-year license revocation|
|3 or more||18 extra days in jail||3-year license revocation|
|Number of Prior DUIs in the Past 10 Years||Penalties for Refusing a Breath Test|
|0||48 extra hours in jail; six extra months of required DUI school; 1-year driver’s license suspension|
|1||96 extra hours in jail; 2-year driver’s license revocation|
|2||10 extra days in jail; 3-year driver’s license revocation|
|3 or more||18 extra days in jail; 3-year driver’s license revocation|