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More info at www.shouselaw.com 888.327.4652 California DUI law, like that of most other states, contains an “implied consent” rule. This law states that if you drive a car in California, and are lawfully arrested for a California DUI, you are deemed to have given consent to the chemical testing of your: blood, breath, or urine (only in cases where you are suspected of driving under the influence of drugs). Simply put, this means that you must submit to a chemical breath or blood test to determine the alcohol and/or drug content in your body after you have been lawfully arrested for a California DUI. “After” is the operative word. The hand-held Preliminary Alcohol Screening (PAS) test that may be offered at the side of the road before you get arrested is not mandatory under this law. The PAS test is considered a field sobriety test (FST)…and FSTs are just tools to help the officer decide whether to arrest you for DUI. This means that submitting to the PAS and then refusing to submit to a subsequent chemical test after your arrest will be considered a refusal. A DMV hearing (called an Administrative Per Se or APS hearing) is conducted to determine whether the motorist willfully refused the blood or breath test. If you lose the hearing, the penalties and punishment for a chemical test refusal in California will include: *A one-year driver’s license suspension for your first DUI offense, *A two-year license revocation for your second DUI offense within ten years, or *A …

Early this morning just after 3:00 am the Modesto Police Department and Modesto Fire Department were dispatched to the canal at the dead end of E. Roseburg Ave. in Modesto, California for reports of car that ad crashed through the barricades and into the canal. When crews arrived they found that the driver of the car had already fled the scene and that there were no involved parties left at the crash site. The car had not been reported stolen at that time either. The Modesto Police Department will be investigating the crash and looking for the driver this morning. www.ModestoNews.org All Rights Reserved – Copyright 2011