What Happens If You Refuse a Chemical Test After a DUI Arrest?

What the law says: Vehicle Code 23612

Section 23612 is California's implied consent law. A person who drives a motor vehicle "is deemed to have given his or her consent" to chemical testing of blood or breath for alcohol, and of blood for drugs, if lawfully arrested for an offense under section 23140, 23152 or 23153. The testing must be incidental to a lawful arrest and directed by an officer with reasonable cause.

The officer must tell the arrested driver that refusing or failing to complete the test will result in:

• a one-year administrative suspension by the DMV;
• a two-year revocation if the refusal comes within 10 years of a separate DUI-type conviction or a prior administrative suspension or revocation for a separate occasion;
• a three-year revocation if it comes within 10 years of two or more of them;
• and, if later convicted of DUI, a fine and mandatory imprisonment tied to the refusal.

The officer must also advise that there is no right to have an attorney present before deciding, choosing, or taking the test, and that a refusal may be used in court.

The choices the statute gives you

For an alcohol arrest, the driver chooses blood or breath, and the officer must say so. If the chosen test cannot be completed, the other one is required. If drugs are suspected, a driver who chose breath may also be required to give blood. People with hemophilia, or a heart condition treated with an anticoagulant, are exempt from the blood test but must take a urine test.

The preliminary alcohol screening test, the handheld device used before an arrest decision, is treated as a field sobriety test. Under subdivision (i) the officer must tell you that you may refuse it and that taking it does not satisfy the chemical test duty after arrest. The DMV handbook notes stricter rules for drivers under 21, who can be required to take a handheld breath or other chemical test.

What it means in practice

If you refuse after arrest, the officer serves the suspension notice on the spot and takes your license; the notice works as a temporary license for 30 days from the arrest. The DMV handbook says you may request an administrative hearing within 10 days from the date of arrest. That hearing is separate from the criminal case, and its result does not decide the court case, or the other way round.

A refusal does not keep the case away from the DMV or the court. It adds its own suspension, and the refusal itself becomes evidence. When a driver's privilege comes back after a DUI-related action, the DMV handbook lists filing an SR 22 or SR 1P among the requirements, which is where insurance enters.

What to do

1. Know the difference: a roadside screening test may be declined; a chemical test after a lawful arrest carries the refusal penalties.
2. If arrested, make your blood-or-breath choice clearly and complete the test.
3. Count 10 days from the arrest for the DMV hearing request, and calendar it immediately.
4. Speak with a DUI defense attorney about both the DMV hearing and the court case.
5. Expect an insurance filing requirement down the line, and ask about it before your policy renews.

When you reach the reinstatement stage and need a policy with the proper filing, you can start a quote here.