Can You Refuse to Take a Chemical Test?

We Can Defend You Either Way

At The Law Offices of Adam Allen Arant, our practice has been dedicated to DUI defense since 2007, over which time we have effectively defended many people who have both submitted to chemical tests and refused to submit to such tests.

California's Implied Consent Law

Under California's "implied consent law," a person who drives a motor vehicle is deemed to have given consent to a chemical test of their blood, breath, or urine for the purpose of determining the alcoholic or drug content of their blood, if arrested for DUI.

The test is taken at the time of your arrest and the officer should give you the choice of submitting to a blood or breath test. A person who has hemophilia or a person with a heart condition who is taking an anticoagulant is exempt from taking a blood test and shall instead submit to a urine test.

What Happens if You Refuse to Take the Test?

If you are arrested, the officer should inform you that if you refuse to take the test, that refusal will result in fines and the loss of your driving privileges, and that you could be sent to jail if you are ultimately convicted of DUI.

Refusing to submit to a chemical test will result in an automatic one-year driver's license suspension for a first refusal, a two-year driver's license suspension for a second refusal, and a three-year license suspension for a third refusal. You will be fined $125 whether this is your first, second, or third refusal.

Seek Help from a San Jose DUI Lawyer

It is not usually helpful to refuse to take a blood, breath or urine test when you've been arrested for DUI. While the consequences of a DUI in California are greater than refusing a chemical test, refusing a test does not guarantee that you won't be found guilty of DUI. You can anticipate that the prosecution will try and use your refusal against you by arguing that you refused to take the test because you knew you were intoxicated.