Can you reuse to take a breath test when asked to by police?

If you are pulled over by the police and are accused of drunk driving, you likely will be asked to perform a breath test or blood test. Sometimes it may seem like doing so would not be beneficial for you and you will not want to submit. What happens if you refuse to submit to a breath test or blood test?

Implied consent in California

California has what are called “implied consent” laws. This means that as part of the privilege of driving in California, motorists implicitly agree to submit to a breath test or blood test when lawfully asked to by police. A motorist does not have the right to call their attorney before completing such tests. And while a motorist can refuse to take a breath test or blood test, there are consequences for doing so.

What happens if I refuse to submit to a breath test or blood test?

If you refuse to submit to a breath test or blood test when lawfully requested to do so, you may lose your driver’s license for a period of time. If it is your first offense your driver’s license will be suspended for one year. If it is your second offense within 10 years your driver’s license will be revoked for two years. If it is your third or subsequent offense within 10 years your driver’s license will be revoked for three years.

You have the right to refuse, but there are consequences

It is important to recognize that you have the right to refuse to submit to a breath or blood test and there may be valid reasons for doing so. However, there are consequences for refusal. If you refused such a test you will want to make sure you understand the law and how it applies to your case so you can make informed decisions in your DUI defense that may allow you to keep your license.