Refusing a DUI chemical test in California—whether it’s a breathalyzer, blood, or urine test—carries significant legal consequences due to the state’s “implied consent” law. Here’s a detailed breakdown of what happens if you refuse a DUI test in California:
Implied Consent Law
Under California Vehicle Code Section 23612 VC, every driver is deemed to have consented to chemical testing if lawfully arrested for suspicion of driving under the influence (DUI).
This means that by driving on California roads, you automatically agree to submit to a breath, blood, or urine test if an officer has probable cause to arrest you for DUI.
Administrative Consequences
License Suspension: Refusing a chemical test triggers an automatic administrative suspension of your driver’s license by the California DMV. For a first refusal, the suspension is typically one year. For a second refusal within ten years, it’s two years, and for a third or subsequent refusal, it’s three years.
No Restricted License: Unlike standard DUI suspensions, you are not eligible for a restricted license that allows driving to work or school during the suspension period.
Fines: Increased fines are common, typically ranging from $390 to $1,000, not including other court fees or penalties.
Criminal Consequences
Enhanced Penalties: If you are convicted of DUI after refusing a chemical test, you face enhanced penalties. For a first DUI offense, this usually means an additional two days in jail, a mandatory nine-month alcohol program, and the one-year license suspension.
Additional Jail Time: Courts may impose extra jail time for refusal, and prosecutors may argue that refusal indicates consciousness of guilt.
Mandatory DUI School: Refusal can result in mandatory attendance at DUI school for periods ranging from six to thirty months.
Ignition Interlock Device (IID): Courts may require the installation of an IID, which prevents your vehicle from starting unless you provide a clean breath sample.
Legal Process and Defenses
DMV Hearing: You have the right to request a DMV hearing within ten days of your arrest to contest the license suspension. However, the chances of overturning the suspension are limited unless you can show the refusal was not willful or the arrest was unlawful.
Court Evidence: Refusal to take the test can be used as evidence against you in court, potentially leading to a harsher sentence.
Possible Defenses: Defenses may include arguing that the arrest was unlawful, the officer did not properly advise you of the consequences of refusal, or that a medical condition prevented you from taking the test.
Special Notes
Blood vs. Breath/Urine Tests: Recent legal changes have clarified that refusing a blood test does not carry the same penalties as refusing a breath or urine test, due to concerns about Fourth Amendment rights.
Repeat Offenses: Penalties escalate for repeat refusals or prior DUI convictions within ten years.
Summary Table
| Consequence | First Offense | Second Offense (within 10 years) | Third Offense (within 10 years) |
|---|---|---|---|
| License Suspension | 1 year | 2 years | 3 years |
| Restricted License | Not eligible | Not eligible | Not eligible |
| Additional Jail Time | 2 days (if convicted) | Up to 96 days | 10 days |
| Mandatory DUI School | 9 months | Extended | Extended |
| Fines | $390–$1,000+ | Higher | Higher |
Key Takeaways
Refusing a DUI test in California results in automatic and severe administrative penalties, including lengthy license suspensions and ineligibility for restricted licenses.
If convicted of DUI after refusal, you face enhanced criminal penalties, including additional jail time and mandatory DUI education.
Legal defenses are limited but may be possible if the arrest was unlawful or you were not properly advised of your rights.
Recent changes clarify that refusing a blood test may not carry the same penalties as refusing a breath or urine test.
Refusing a DUI test in California is a serious matter with immediate and long-term consequences. Consulting with an experienced DUI attorney is strongly advised if you find yourself in this situation.
Sources:
- https://www.shouselaw.com/ca/dui/laws/chemical-test-refusal/
- https://hartlevin.com/practice-areas/dui/what-happens-if-you-refuse-a-breathalyzer-test/
- https://zacharymccreadylaw.com/blog/the-consequences-of-refusing-a-breathalyzer-test/
- https://www.myrightslawgroup.com/blog/can-you-refuse-a-breathalyzer-test/