Can You Refuse a Breathalyzer Test in California?
if you’re pulled over for suspected DUI, law enforcement is likely to request a breathalyzer test to assess your BAC. While complying is often advised, should you choose to refuse, it’s vital to understand the resulting legal and practical consequences.
Refusing a breathalyzer under the state’s implied consent law, which you agree to by driving, carries significant repercussions. These include automatic license suspension and possible escalation of charges. Knowing the full scope of these implications is crucial for anyone subjected to a DUI stop.
Implied Consent Laws
California’s implied consent laws are straightforward: if you drive, you’ve implicitly agreed to undergo chemical testing if arrested for DUI. This pre-agreement, embedded in the process of obtaining a driver’s license, obligates drivers to submit to breath or blood tests upon lawful DUI arrest. Refusal to comply after an arrest leads to significant legal penalties, reinforcing the importance of these laws in DUI enforcement efforts.
Pre-Arrest vs. Post-Arrest Breathalyzers
Breathalyzer tests in California are administered both before and after an arrest, fulfilling distinct roles within DUI law.
Pre-Arrest Breathalyzers: These tests, conducted during initial stops for suspected DUI, are part of field sobriety assessments. While not compulsory for all, they aid officers in establishing probable cause for an arrest. For drivers over 21 not on DUI probation, refusal doesn’t immediately lead to legal penalties but may affect the decision to arrest.
Post-Arrest Breathalyzers: Once arrested, the implied consent law kicks in, making these tests mandatory. Refusal at this point incurs automatic consequences like license suspension and potential criminal charges, emphasizing the critical role of chemical tests in determining BAC. Choosing to refuse both breath and alternative blood tests post-arrest significantly intensifies the repercussions.
Refusing a Breath Alcohol Test
When suspected of DUI, a request from law enforcement to take a breath test is a critical moment. Non-compliance carries significant repercussions. Such a request usually comes after signs of impairment are observed, possibly accompanied by field sobriety tests.
Choosing to refuse the test, even before an arrest, is not without its consequences. Prosecutors can still pursue DUI/DWI charges based on other evidence, including police observations, witness statements, and any conducted field sobriety tests. Additionally, refusal can be viewed negatively in court, potentially influencing the judge’s and prosecutor’s perception of your case
DUI Refusal Penalties by Offense
First Offense DUI Refusal: Refusing a breathalyzer during a first DUI arrest in California incurs specific additional penalties:
- Mandatory 48 hours in jail.
- One-year suspension of the driver’s license.
- An extended DUI education program for an additional six months.
Second Offense DUI Refusal: A refusal at the time of a second DUI arrest escalates the penalties:
- An additional 96 hours (4 days) in jail.
- Two-year driver’s license suspension.
Third Offense DUI Refusal: For those refusing a breathalyzer upon a third DUI arrest, the consequences intensify:
- Additional ten days in jail.
- Three-year suspension of the driver’s license.
Fourth Offense or Beyond DUI Refusal: Refusal penalties for a fourth or subsequent DUI arrest include:
- Additional 18 days in jail.
- Three-year driver’s license suspension.
License Suspension After a Breathalyzer Refusal
Refusing a breathalyzer test triggers an automatic administrative license suspension, typically lasting up to 12 months. This action is separate from and can be in addition to, any suspensions from a DUI conviction.
Drivers facing suspension have several avenues to challenge it or to restore driving privileges, including:
- Appealing the Suspension: Initiating an appeal or submitting a reinstatement application.
- Financial Obligations: Settling any fines or fees with the DMV and court.
- Testing: Retaking and passing the required driving tests.
- Education and Safety Programs: Completing a DUI education program approved by the state.
- Ignition Interlock Device (IID): Installing an IID in your vehicle and providing proof of this to the appropriate authorities.
- Compliance with Legal Orders: Adhering to any probation terms or court-ordered requirements.
Contact a DUI Attorney in Los Angeles
Refusing a breathalyzer test in California carries significant consequences, such as license suspension and the potential for increased penalties. In these situations, it’s critical to have an experienced DUI attorney by your side. They are equipped to handle the complexities of your case and ensure your rights are fully protected. Attorney Arash Hashemi, with The Law Offices of Arash Hashemi, provides specialized legal assistance for those facing DUI charges. With over 20 years of experience, he offers strategic defense solutions aimed at minimizing or potentially eliminating charges. Taking immediate action is essential.
For expert legal assistance, contact The Law Offices of Arash Hashemi at (310) 448-1529.
