Refusal to take a breath test after a DUI arrest in California
March 26, 2015
One of the most common questions that arises when discussing DUI charges is what happens if the driver refuses to submit to a Breathalyzer test when he is pulled over. A Breathalyzer test is one way for the arresting officer to determine whether the driver is under the influence of alcohol.
If you take the test and the breath test device shows that your blood alcohol content is above .08 percent, you will be found to be legally impaired and will have your license immediately suspended. For first-time offenders, you will lose your license for four months. If you commit another offense within 10 years, your license will be suspended for one year. Drivers under the age of 21 who have a .01 percent BAC or higher will lose their driving privileges for one year, if it is their first DUI offense.
Under implied consent laws, you must submit to a chemical test in order to measure your blood alcohol content if a law enforcement officer requests that you do so. If you fail to submit to the test after being asked to do so by an officer, you will lose your license for one year, if you are a first-time offender. A second offense within 10 years will result in a revocation of your license for two years. A third offense within 10 years means that your license will be revoked for three years. For drivers under the age of 21, refusing a breath test means a one year license suspension for first-time offenders. Second and third offenses within 10 years will mean license revocation, the same consequence as it is for drivers over 21.
Driving under the influence can lead to serious consequences and can result in the suspension of your driver’s license, whether you choose to submit to a breath test or not.