DUI Laws in CA for Chemical Test Refusal

If you live in California and are suspected of drunk driving and refuse to take a blood alcohol test, CA DUI laws called "implied consent laws" will kick in with consequences.

What is Implied Consent?

California Vehicle Code Section 26312 "Implied Consent for Chemical Testing" is a law that states a person who drives a vehicle is "deemed" to have given prior consent to submit to a chemical test to detect the presence of alcohol or drugs in their breath, urine or blood if asked to do so by a law enforcement officer.

• If you are suspected of DUI you will be asked to submit to a Preliminary Alcohol Screening, which is a field sobriety test.
• You will be told that you are being asked to do this in order for the officer to determine if you may have been driving under the influence of alcohol, drugs or both.

What are the Consequences?

If the officer decides that a chemical test is necessary, you will be offered a choice:

• If suspected of drunk driving, you will be offered a choice between having your breath or blood tested.
• If suspected of driving under the influence of drugs, you will be offered a choice of having your blood or urine tested.
• If suspected of driving under the influence of a combination of both, you will be asked to choose between having your breath, blood or urine tested. However, if you choose to have your breath tested the officer has the right to ask you to submit to either a blood or urine test in this situation.

You will be warned in advance of the consequences of refusing to take the chemical test:

• License suspension for 1 year if this is a first offense
• If you are convicted and you refused the chemical test you will be fined and mandatory jail time will be imposed.
• License suspension for 2 years if you had a previous DUI conviction in the last 10 years.
• License suspension for 3 years if you had more than one previous DUI conviction in the last 10 years.
• Your refusal to submit to the chemical test is evidence that will be used against you in court.

The law enforcement officer will take your license from you at the scene of your arrest. They will issue you a temporary license that is valid for only 30 days before the one year suspension automatically takes over pending the results of your preliminary hearing.

Get Legal Help

Under California law, you do not have the right to have an attorney present before you make a decision about whether or not to submit to the chemical test, so you need to request your right to speak to an attorney as soon as you are allowed to do so. Do not give up hope; a criminal defense attorney who specializes in DUI cases can be very effective at defending you and helping you fight a conviction.