Refusing a chemical test after a lawful DUI arrest usually triggers a one-year license suspension under California's implied consent law, and that suspension is often a hard one with no restricted license during the period. This is separate from and on top of any suspension from the DUI charge itself.
Here is the distinction that trips people up. Before an arrest, the roadside preliminary alcohol screening (PAS) test is generally optional for adults over 21 who are not on DUI probation. But once you are lawfully arrested, California law says you have already consented to a chemical test of your breath or blood by driving on state roads. Refusing that post-arrest test is what carries the penalty.
A refusal can also be used against you in the criminal case as evidence of consciousness of guilt, and priors make later refusals worse, with longer suspensions for a second or third offense.
That said, a refusal allegation can be challenged. Whether the arrest was lawful, whether the officer properly warned you of the consequences, and whether you actually refused are all fair game. Learn more about refusing a breath test and how implied consent law works in California.
This is general information, not legal advice, and every case is different. Call Crudo Law at (858) 622-7280 or visit /contact for a free, confidential consultation.