Refusal to Submit to Chemical Testing

Refusing a breathalyzer or blood test after a DUI arrest triggers automatic license suspension and can be used against you in court. Understanding your rights — and your options — is critical.

California's Implied Consent Law

Under California Vehicle Code §23612, any person who drives a motor vehicle is deemed to have given consent to chemical testing (breath or blood) if lawfully arrested for DUI. This is known as implied consent — you agreed to it when you accepted your California driver's license.

The implied consent law applies after a lawful DUI arrest. It does not apply to the preliminary alcohol screening (PAS) breath test at the roadside before arrest — that test is voluntary for drivers 21 and over (though mandatory for those under 21 or on DUI probation).

If you refused testing after a lawful arrest, you face consequences that are separate from — and in addition to — any DUI charges.

Consequences of Refusal

Defending a Refusal Case

A refusal case is not hopeless. There are several ways to challenge both the DMV suspension and the use of refusal evidence in your criminal case.

Key questions include: Was the arrest lawful? Were you properly advised of the consequences of refusal (the admonition requirement)? Did you actually refuse, or was there a communication breakdown or medical reason? Was the officer's request for a specific test (breath vs. blood) proper?

• ✓Challenging whether the arrest was lawful
• ✓Verifying that the required admonition was properly given
• ✓Establishing medical or physical inability to complete testing
• ✓Challenging the officer's characterization of the refusal
• ✓Requesting DMV hearing within the 10-day deadline to contest suspension