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Chemical Test Refusal

DUI Chemical Test

California DUI Chemical Tests

In the state of California, with cases involving driving under the influence(DUI), law enforcement officers administer what is known as implied consent. Implied consent, defined by the California Vehicle Code, means that any person who drives a motorized vehicle automatically gives their consent to chemical testing of their blood and/or breath IF arrested for DUI.

To put it simply, all California drivers who find themselves being arrested for DUI are required to submit to a chemical test of their blood or breath if requested by a law enforcement officer.

Blood or Breath Test Refusal

If a driver decides to refuse to submit to a chemical test, they are then subjecting themselves to a revocation or suspension of their driver’s license. If you refused a chemical test, the length of your suspension/revocation will depend on the circumstances surrounding your arrest and criminal history, as well as your age.

  1. First Offense – 1 year license suspension.
  2. Second Offense within 10 years – 2 year revocation.
  3. Third or Subsequent Offense within 10 years – 3 year revocation

What if I was under 21?

If the driver is under the age of 21, or on probation for a DUI offense, they are required to submit to a preliminary alcohol screening (PAS) test if they are lawfully detained and the officer suspects they have a blood alcohol level of 0.01 percent or more. Refusal to submit to a PAS test under these circumstances will result in:

1. First Offense – 1 year license suspension.
2. Second Offense within 10 years – 2 year revocation.
3. Third or Subsequent Offense – 3 year revocation.

There is no penalty or refusing PAS test if you are not under the age of 21 or if you are not on probation.

Other penalties associated with chemical test refusals may include jail time and/or increased fines.

DUI Defense in Orange County

There are DEFENSES to a chemical test refusal allegation. Police officers are required to follow very specific procedures in order for an alleged chemical test refusal to be a “valid” refusal.

If you have been accused of a refusing a chemical test (or PAS test for those under 21 or on probation) you must contact an experienced DUI attorney immediately.