As a criminal defense attorney with over ten years of experience, I have handled numerous DUI cases and have a deep understanding of the laws and consequences associated with these charges. In this blog, I will explain the rights and consequences of refusing various tests during a DUI stop in California.
Field Sobriety Tests:
Field sobriety tests are considered voluntary and a person has the right to refuse to take them. For more details on the three common FSTs, click here. In California, refusal to submit to field sobriety tests is only admissible as “consciousness of guilt” but refusing to take them will not result in any additional criminal charges. However, depending on how a person refuses, a refusal to take field sobriety tests may lead the officer to suspect that the person is impaired and have probable cause to make an arrest for driving under the influence (DUI).
It is important to remember that these tests are designed to gather evidence against you, not to exonerate you. That’s why, I recommend always refusing to participate. The best way to refuse to take FSTs tests is to simply say, “I refuse to participate in any field sobriety tests.” And then keep your mouth shut.
Chemical Tests:
Under California Law, chemical tests are mandatory and a person must comply if they are arrested for DUI. In California, the Implied Consent Law requires a person to submit to a chemical test if they are arrested for DUI. Refusal to take a chemical test can result in an automatic license suspension and, in some cases, additional criminal penalties. If you are arrested, ask for the blood test.
Consequences of Refusal:
The consequences of refusing a chemical test in California can be severe. For persons over the age of 18, a first-time refusal will result in a one-year license suspension, while a second or subsequent refusal will result in a two-year license suspension. In addition, a refusal to take a chemical test can be used as evidence in court, and can be used to enhance the charges against the person if they are convicted of DUI.
If you or a loved one has been charged with DUI, it’s important to seek the assistance of an experienced criminal defense attorney. I offer a free consultation to discuss your case and help you understand the specific laws and potential consequences in California. Contact my office today to schedule your appointment.
Drivers in California can refuse the breathalyzer *prior* to an arrest. After an arrest, California’s Implied Consent Law states that they must submit to a chemical test.