Police officers in California often use breathalyzer tests during DUI (driving under the influence) stops. Drivers who refuse these tests after an arrest can face charges. Why is it a crime to refuse a breathalyzer in California?
All drivers in California provide implied consent to take a blood alcohol content (BAC) test after an arrest when they drive in the state. Therefore, refusing chemical testing can result in adverse legal effects. A Los Angeles DUI lawyer can provide more information about this issue.
You can call or complete our online contact form to learn more.
Why do You Have to Take a Breathalyzer in California?
You can face legal penalties if you refuse an alcohol screening test in several situations in California. Legally, you have to take these tests after a DUI arrest.
Drivers must take a test to measure their blood alcohol concentration after an arrest for driving under the influence because California follows a doctrine of implied consent in DUI cases that impacts sentencing for driving while under the influence.
While other searches generally require a warrant, California’s implied consent law requires drivers to waive this right when the state bestows their driver’s license. Additionally, some drivers must take these tests before an arrest.
Can You Refuse a Breathalyzer Before an Arrest?
A police officer may ask you to submit to a breathalyzer test at a DUI traffic stop. They may also ask you to consent to a blood or urine test. These are all known as preliminary alcohol screening (PAS) tests. The California Driver’s Handbook provides more details about these tests.
The State of California allows some individuals to refuse to take a PAS. Your refusal at this point in the process may not result in any criminal charges. However, it is also not guaranteed that you have avoided an arrest for a DUI offense.
There are two general exceptions to this right of refusal when stopped:
- If you are on DUI probation, you may not refuse to take a PAS
- If you are currently 21 years old or younger, you may not refuse a PAS if the police stop you under suspicion of underage DUI
Even if you don’t fall under these exceptions, you may not be in the clear just because you refuse a PAS. While a breathalyzer is a powerful tool for the police, they only need to have probable cause to arrest you for driving under the influence.
A prosecutor may try to use your refusal as evidence that you understood that your behavior was criminal. You may also decide to refuse a field sobriety test in some situations. However, you could still face a lawful arrest by law enforcement.
Legal Penalties for Refusing a Required Screening
What is the penalty for refusing a breathalyzer test in California? The penalties will depend on your prior history of DUI convictions. California takes repeat offenses seriously and penalizes a history of refusals with escalating punishments. These penalties for refusing include:
- Two days of extra jail time and a one-year suspension of your driver’s license for the first offense in the past 10 years
- Four additional days in jail, along with a two-year suspension for a second offense
- A three-year suspension, in addition to ten more days, added to your jail sentence for your third refusal
- From your fourth refusal onwards, you face 18 more days in jail on top of a three-year license suspension
It is worth emphasizing that these penalties are in addition to any punishment you may have from a DUI conviction. If you consent to a breathalyzer test for your first DUI offense, you could avoid jail entirely.
However, a refusal coupled with a DUI conviction could result in additional time in DUI school, a full year instead of a few months without a license, and jail time that drivers may otherwise avoid. You can speak with a criminal defense lawyer to learn more about these penalties.
The DMV Can Penalize You if You Refuse a Breathalyzer Test
California takes driving under the influence of alcohol seriously. If you refuse chemical tests at a traffic stop, you may face additional penalties from the DMV (Department of Motor Vehicles). The DMV may automatically suspend your license in this situation without waiting to see if you face a drunk driving conviction.
Criminal defense attorneys can help you protect your driving privileges by requesting a hearing with the DMV. You have a limited amount of time to request this hearing, so the professionals recommend that you get a legal consultation about your situation immediately.
An attorney can further explain California’s breathalyzer laws.
Knowing the Law Matters
Since you can’t consult with a lawyer while stopped along the road, knowing what penalties you may face if you refuse a breathalyzer is essential. One wrong decision here could result in extra jail time.
While refusing a breathalyzer after an arrest violates California’s informed consent laws, you don’t forfeit your rights. The law requires officers to tell you that you face a penalty if you don’t consent to an alcohol screening.
If the officer fails to provide you with that warning, a skilled DUI attorney may be able to have the charge removed.
What Is the Legal Limit for a DUI in California?
Most drivers in California have to keep their BAC under 0.08% to avoid a DUI conviction. However, drivers under 21 and commercial drivers must keep their blood alcohol levels lower.
Additionally, the police may arrest drivers for drunk driving even if they have a BAC under the legal limit. Remember that breathalyzer results are often admissible in court in California and could demonstrate your BAC.
Learn More About the Results of Refusing a Breathalyzer Test
Why is it a crime to refuse a breathalyzer in California? You face legal consequences for refusing a breathalyzer after an arrest because of California’s implied consent laws. You can learn more about the additional penalties for this refusal with a Los Angeles DUI lawyer.
You can learn more about your rights by calling or completing our online contact form.
