We all know that driving in the State of California is considered a conditional privilege. Essentially, this means that the State will allow you to drive on public roadways but, there are “strings attached.” In other words, rules that must be followed:
Chief among these rules is the “Implied Consent Law,” which is described in California Vehicle Code section 23612:
(a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies.