What happens if you refuse a breathalyzer in California?
Even while Breathalyzer tests can provide false-negative findings, they are nevertheless an essential component of a DUI arrest process, and refusing to take one can have serious legal and administrative repercussions. Refusal may result in penalties, license suspension, and maybe more serious DUI charges.
Let’s examine the operation of California’s implied consent statute, the part breathalyzers play in it, the potential consequences, and how you might defend yourself.
Implied Consent Law in California
Under California’s implied consent law, every driver agrees—implicitly and unconditionally—to submit to a chemical test if suspected of DUI. Breathalyzer tests, blood draws, or even urine samples become non-negotiable after a lawful DUI arrest. Refusal? It’s not without weighty consequences. Declining to comply, whether with a breathalyzer test in California or another chemical test, triggers immediate penalties—license suspension, fines, and more—even if the DUI charge doesn’t stick.
Immediate Consequences of Refusing a Breathalyzer Test
The California DMV automatically finds you guilty and suspends your driver’s license administratively if you reject a breathalyzer test. If this is your first similar infraction, you will be suspended for approximately a year; if you refuse again within ten years of the first one, you may be suspended for two or three years. These measures apply whether or not the court proves the influence of alcohol or drugs.
Additionally, the suspension may come with the following penalties:
- Increased fines, typically from $390 to $1,000 (not counting other charges and fees that can build up to over $1,500)
- Mandatory DUI school attendance for 6 to 30 months
- Possible installation of an Ignition Interlock Device (IID), which will block the device unless provided with a clean breath test.
Should I Take a Breathalyzer Test?
With all the considerations taken, deciding whether to complete a breathalyzer test can still be challenging. While you may avoid incriminating yourself, test refusal can lead to even harsher penalties. However, a preliminary alcohol screening (PAS) administered at the roadside can be refused without penalty if you are over 21, not on DUI probation, and there is no probable cause involved. Still, once arrested, refusal of a urine, breath, or blood test can complicate your situation significantly.
What Happens If You Refuse a Breathalyzer?
Refusing a breathalyzer test in California can be treated as an aggravating factor during the DUI case. Prosecutor may claim your refusal implies guilt, leading to additional penalties such as:
- Longer jail sentences of up to 48 hours for a first offense or about 90 days for repeat offenders;
- Increased fines and penalties;
- Longer mandatory DUI education programs.
The refusal of a breathalyzer test does not invalidate the DUI conviction since officers can use alternative evidence, such as their own observations, the results of field sobriety tests, or a blood alcohol content test obtained with a warrant.
What to Do After Refusing a Blood or Breathalyzer Test in California
If you have already made the decision to refuse the breath test, here are a few immediate things you need to do to protect yourself:
- Contact a DUI Attorney: Handling a DUI and breathalyzer demands by yourself, especially in such a stressful situation, can be daunting. When you have just been pulled over, make sure to contact My Right Laws’ reliable DUI attorney before doing anything else. They will guide you through the whole process, making sure you do not accidentally make the case worse.
- Request a DMV Hearing: After the arrest, you may receive an administrative suspension of your driver’s license, which may turn permanent in 10 days. Make sure to request a formal DMV hearing to argue the arrest and let us reduce or even dismiss your case.
- Follow Court Instructions: If you get convicted of a DUI, make sure to comply with the court’s penalties, including DUI school or IID installation. Following them will help you restore your driving privileges faster while neglecting them can lead to much harsher punishment.
Practical Considerations
While you have the right to refuse a breathalyzer, doing so is not often the best decision for your legal case, as it only complicates it. The prosecutor can use your refusal as an unsaid admission of fault; the penalties will almost surely be higher, and you may be additionally judged for your refusal. In some cases, the consequences of refusing the test may be even harsher than submitting to it and later contesting the results in court. Make sure to consult a DUI attorney to make the whole legal process as smooth as possible.
Seeking Legal Advice
If you’re facing a California DUI stop and are asked to take a breathalyzer test, act fast—contact My Rights Law. Our skilled attorneys stand ready to shield your rights from the initial traffic stop all the way to case resolution and beyond. Need help understanding California DUI laws? Call us at (888) 702-8882, and let us guide you with precision and care.
While we don’t advocate for it lightly, there are moments when refusing a breathalyzer test could be a strategic choice. We’ll help you recognize these scenarios and fiercely protect your constitutional rights. One call is all it takes to gain the confidence that comes from knowing your case is handled by seasoned professionals.
FAQ
What is the penalty for refusing a breathalyzer test in California?
- One-year license suspension
- Extended probation
- Mandatory DUI education programs
- Higher fines
Can I refuse a breathalyzer test without being arrested for DUI?
Yes, but only if you’re over 21, after passing a field sobriety test, and if have no escalating circumstances or probable cause.
Does refusing a breathalyzer make a DUI charge worse?
It may serve as indirect evidence of guilt or result in more severe penalties and fines.