Refusing a Chemical Test
What It Really Costs You
If you refuse a breath or blood test
after a DUI arrest in California, the consequences are immediate and serious—and a lot of people don’t fully understand what they’re agreeing to at that moment.
IMPLIED CONSENT
In California, by driving, you’ve already agreed to what’s called implied consent. That means if you’re lawfully arrested for DUI, you’re required to submit to a chemical test. You may have the option of breath or blood but you cannot refuse if there is only one option available.
CONSEQUENCES
If you refuse, for a first offense, you’re looking at a 1-year license suspension. For a second offense, it’s typically 2 years. And these are hard suspensions, meaning no restricted license in most cases.
KNOWING REFUSAL ISSUE
But the DMV still has to prove that your refusal was knowing. That means the officer has to properly advise you of the consequences of refusing. If that warning wasn’t clear or properly given, that can be a defense at the DMV hearing.
CRITICAL NEED LICENSE
In some limited situations, you may be able to apply for what’s called a critical need license but that’s a separate process, and it’s not guaranteed.
Refusal cases are some of the toughest DMV cases, but they’re also very technical. If you’re facing one, you want an attorney that will look closely at exactly what happened during that stop.
