What Happens If I Refuse A Breathalyzer During A DUI Arrest In California?

California drivers are “deemed” to have consented to a chemical test of their breath or blood during a lawful DUI arrest, according to Vehicle Code § 23612, commonly known as California’s “Implied Consent” law. Despite this implied consent, drivers in California can still refuse to undergo a chemical blood test after being arrested for DUI. However, it’s important to understand that refusing a breathalyzer or blood test can result in severe license suspension penalties. If you’re facing a DUI charge, consulting experienced DUI lawyers in California is crucial to navigating these complex legal waters and protecting your driving privileges.

Drivers that refuse to submit to a chemical test (breathalyzer or blood test) incident to a lawful arrest can have their license suspended for one-year, two-years, or three-years, depending upon whether the arrest is for a first, second, or third DUI offense.  (Veh. Code, § 13353.)  First offenders who refuse a chemical test face a one-year license suspension with no eligibility for a restricted license. This is a very harsh suspension. The United States Supreme Court upheld the constitutionality of these administrative penalties for refusing warrantless chemical tests in Birchfield v. North Dakota. 

Drivers facing a refusal suspension should immediately request a DMV Hearing and challenge the basis of the suspension.  There are a variety of issues that we can address in fighting the refusal suspension. Most commonly, the issues are: (1) did the officer properly admonish the driver of the consequences of refusing the chemical test; and (2) did the officer have probable cause to believe the driver was driving under the influence of alcohol/drugs.  

To suspend a driver’s license in a refusal action, the DMV must prove that an officer properly admonished the driver of the consequences of refusal. The officer must tell the driver that failure to submit to, or the failure to complete, the chemical test will result in a fine, mandatory imprisonment if the person is convicted of a violation of Section 23152 or 23153, and the suspension of the person’s privilege to operate a motor vehicle for a period of one year, two-years, or three-years.  If an officer does not properly inform a driver of these consequences, the refusal suspension should be set-aside.  

Often, police officers do not adequately inform the driver of the consequences of refusing the breathalyzer test or blood test, and the refusal suspension can be set aside. Our team of Riverside DUI attorneys has successfully handled thousands of drivers before the DMV, including cases where drivers refused the breathalyzer or blood test. Call us today to discuss your case if the arresting officer is alleging that you refused to submit to the breathalyzer test or blood test. 

California’s “Implied Consent” law is important for all drivers to know and understand. Refusing a chemical test during a DUI arrest can lead to significant penalties, including lengthy license suspensions. Here are the key points to remember:

  • Refusing a breathalyzer or blood test after a lawful DUI arrest can result in a license suspension of one to three years, depending on the offense count.
  • First-time offenders face a mandatory one-year license suspension with no eligibility for a restricted license.
  • The DMV must prove that the arresting officer properly informed the driver of the consequences of refusal.
  • Challenging the refusal suspension at a DMV Hearing can address whether the officer properly admonished the driver and had probable cause.

If you are facing a DUI charge in Riverside, California, and need legal assistance, Feel free to reach out, Gressley & Donaldson’s experienced DUI lawyers can help you and your loved ones through these tough legal issues and protect your driving privileges.

Contact us today to discuss your case and ensure you have the best defense possible.