Can I refuse a chemical DUI test in California? 4 Answers as of July 27, 2010

I was charged with my first DUI in Riverside County. I refused to take the field breathalyzer test because I read before that I had the right to do so. They took me back to the station and I refused to give a chemical test. Now they are saying that I am automatically going to lose my license for a year because I refused. Wasn’t it my right to refuse? What are my options?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
Sorry, by accepting driving privileges in California, you are obligated to take one of the 3 implied consent tests: Blood, Breath, or Urine (rarely available). The breath test given on the field (PAS test) is not an implied consent test. You do not have to take that test. You do not have to do any of the field sobriety tests either. You do have to take one of the three tests at the police station. If you are convicted of refusing to take an implied consent test, your license will be suspended for one year. You must fight this allegation, a trial attorney may be in the best position to serve your criminal defense needs.
Answer Applies to: California
Replied: 7/27/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You have a right to refuse. The consequence is an automatic one year license suspension by DMV. Your remaining option is to try to defend the criminal charge. If this is in Southern California, and you’re serious about doing so,feel free to contact me.
Answer Applies to: California
Replied: 7/27/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
When you get your license, you consent to the tests. Remember a driving license is a privilege not a right. You may refuse however; if you do, you are accepting the consequences. Your consequence is that you lose your license for a year, it’s like you don’t have to go through a search to enter the airport of the courthouse but if you don’t you will not be let in. As to your options, each criminal case is fact driven. Without knowing all the facts, I cannot tell you your options. Contact me for a free consultation so that we can go over your case and explore your options.
Answer Applies to: California
Replied: 7/27/2010
Law Offices of Ramona Hallam
Law Offices of Ramona Hallam | Ramona Hallam
By obtaining a drivers license in California you consent to chemical testing. You have a right to refuse the hand-held Preliminary Alcohol Screening (PAS) test that may be offered at the side of the road before you get arrested. The PAS test is considered a field sobriety test (FST)and FSTs are just tools to help the officer decide whether to arrest you for DUI.

This means that submitting to the Preliminary Alcohol Screening and then refusing to submit to a subsequent chemical test after your arrest will be considered a refusal.

Although the PAS test is optional for adults, it is mandatory for those under 21. If you are under 21 and suspected of DUI, you are also deemed to have given consent to the PAS and an additional blood, breath, or (where applicable) a urine test. Then you have to give it up or the DMV will suspend your license for a year. Though it may seem unconstitutional that you are required to provide a blood, breath, or urine sample, California’s implied consent law authorizes it.
Answer Applies to: California
Replied: 7/27/2010
Click to View More Answers:

Need more information on drunk driving law? Visit our free DUI resource page to learn more.

If you need immediate assistance, fill out a free case evaluation form to connect with a DUI lawyer in your area today!