Getting pulled over on suspicion of DUI is stressful, and once you’re placed under arrest, you’ll be asked to take either a breath or blood test. Many people wonder: “Should I refuse?” The short answer in California is no—refusing a chemical test almost always makes your situation worse and your license will be suspended with no restricted license available. If this is your first offense, you do not have to take the field breath test on a PAS device unless you are under 21. You do need to take the official breath or blood test which is usually offered at the police station or jail. The officers must read you an admonition warning you of the impact of a Refusal and if you refuse after that, they will get a telephonic warrant to draw your blood anyway and can physically restrain you if necessary.
The Law on Refusing a Test
Under California’s “implied consent” law, every driver agrees to submit to a chemical test (breath or blood) if lawfully arrested for DUI. Refusing is a violation on top of the DUI charge itself and will result in a license suspension that does not permit the restricted license you would be eligible for if you did not refuse. If you refuse after being advised by the officer of the Refusal Admonition which warns you of the consequences, including mandatory suspension, of refusing to take a chemical test, then law enforcement will then get a telephonic warrant from a Judge and get your blood.
What Happens If You Refuse
Refusing doesn’t make the case disappear. In fact, it usually creates harsher consequences, and law enforcement will still get your blood with a telephonic warrant even if they have to restrain you.
- Automatic License Suspension
- 1 year for a first refusal.
- 2 years for a second refusal within 10 years.
- 3 years for a third refusal within 10 years.
- No Restricted License Option
Normally, first-time offenders over age 21 may apply immediately for a restricted license after installing an ignition interlock device (IID), filing SR 22 Insurance proof, enrolled in the DUI Program and pay a reissue fee. With a refusal, that option goes away. - Harsher Court Penalties
Judges and prosecutors often treat refusal cases more severely, adding extra jail time or mandatory longer DUI program. - Evidence Against You
Prosecutors consider a refusal an aggravating factor in negotiations and can argue at trial that you refused because you knew you were intoxicated—making it harder to defend your case.
Why Cooperation is Smarter
Taking the test may feel intimidating, but it leaves your lawyer more room to challenge the evidence later. Breathalyzers and blood tests are not perfect—and can be flawed. If you refuse, none of those defense options exist and they will still get your blood.
Bottom Line
In California, refusing a breath or blood test after a DUI arrest does more harm than good. You risk an automatic license suspension, harsher penalties, and limited defenses in court. The smarter choice is to take the test and then let an experienced DUI attorney examine every detail to fight for the best outcome.
If you’ve been arrested for DUI, act quickly. You only have 10 days to request a DMV hearing to protect your license and challenge any suspension including a Refusal. An experienced DUI lawyer can handle the DMV and court process, and may find issues in the case against you concerning the DUI and any “Refusal” allegation. Christoph Law Offices, located across from Vista Courts in North San Diego County, have been providing the highest level of DUI representation for over 40 years. Call 760-941-5720 for a free consultation to explain the process, answer your questions and discuss what happens next.
