If you get arrested for a DUI in California, you might consider refusing a breathalyzer or blood test to avoid providing evidence of intoxication. However, state law imposes strict penalties for these refusals, further complicating your legal situation. California drivers must know what to expect if they decline to take a breathalyzer, including their rights and obligations.

Implied Consent Law in California

Under California’s “implied consent” law, having a driver’s license and operating a vehicle in the state means you automatically agree to a blood or breathalyzer test if the police pull you over for driving under the influence of alcohol or drugs.

Turning down a breathalyzer or blood test after being arrested for DUI has immediate and automatic penalties.

• Mandatory driver’s license suspension: Upon refusal, the Department of Motor Vehicles will automatically suspend your driver’s license for one year on a first offense. This suspension occurs regardless of the outcome of your DUI case.
• Enhanced DUI penalties: If your case goes to court, refusing a chemical test can lead to harsher DUI penalties like longer jail time, higher fines and extended periods of license suspension or revocation.
• Evidence: A prosecutor can use your refusal against you in court, suggesting that you declined the test because you knew you were too impaired to be behind the wheel.

Know Your Rights

California drivers must be aware of the implications of declining a breathalyzer or blood test, knowing it can lead to automatic penalties. The complexities of California’s DUI laws underscore the importance of having skilled legal representation. Contact an experienced DUI attorney as soon as possible after a DUI arrest. They can advise you on your rights and the best course of action based on your specific situation.

While it may seem counterintuitive, agreeing to a breathalyzer test could ultimately lead to better outcomes in your case. Refusal will almost certainly lead to severe penalties, while agreeing to the arresting officers’ requests may give your lawyer more strategies to defend you in court.

Contact Santa Ana’s Top DUI Lawyer

Refusing a breathalyzer in California is a serious decision with immediate and long-term consequences. You should understand your rights under state law before finding yourself in this thorny situation.

If you refused a chemical test after a DUI arrest, contact Ciulla Law today for veteran guidance and representation to protect your rights and future.