Is a person who is gets a California DUI arrest required to submit to a DUI chemical test?
Any person who is lawfully arrested for DUI in California is required to submit to a chemical test. This is known as the California Implied Consent law which has been repeatedly help up in court. It should be noted that a person involved in a California DUI arrest is not required to submit to a breathalyzer test before they are actually arrested. This refers to a DUI breath test that is taken during the road-side field sobriety test. These field sobriety DWI breath tests are called “preliminary alcohol screening” tests and do not count as an official “chemical test” for DUI prosecution purposes.