DUI Blood Test Refusal in CaliforniaCalifornia Vehicle Code § 23612
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California's Implied Consent Law
By driving on California roads, you have already legally consented to a chemical test — either breath or blood — if lawfully arrested for DUI. This is known as the Implied Consent Law under California Vehicle Code § 23612. If you refuse to submit to a chemical test after a lawful DUI arrest, you face serious administrative and criminal consequences separate from the underlying DUI charge itself.
Consequences of Refusing a Chemical Test
Refusing a post-arrest chemical test triggers an automatic one-year driver's license suspension for a first refusal, a two-year suspension for a second refusal within 10 years, and a three-year suspension for a third refusal. These suspensions are imposed by the DMV — not the court — and are in addition to any criminal penalties. Refusal can also be used as evidence of consciousness of guilt at your criminal trial, and judges can instruct juries to consider the refusal against you.
Pre-Arrest vs. Post-Arrest Tests
You have the right to refuse a preliminary alcohol screening (PAS) test — the handheld breathalyzer offered on the roadside before arrest — without the implied consent penalties applying, unless you are under 21 or on DUI probation. However, once you are formally arrested, refusing the evidentiary chemical test at the station or hospital triggers the implied consent consequences.
Defenses to DUI Refusal Cases
Effective defenses include arguing the officer failed to properly advise you of the consequences of refusal, the arrest itself was unlawful making the implied consent law inapplicable, you were physically unable to complete the test due to a medical condition, or the officer failed to give you a reasonable opportunity to take the test. Our attorneys examine every aspect of the stop, arrest, and chemical test procedure to identify viable defenses.
Can You Still Fight the Charges?
Absolutely. A refusal does not mean automatic conviction. The prosecution still must prove every element of DUI beyond a reasonable doubt. Without chemical test results, the prosecution must rely on officer observations of field sobriety tests and driving behavior — all of which can be challenged. Our attorneys have successfully defended many refusal cases.
Call Virtuoso Law Immediately
If you refused a chemical test after a DUI arrest, call (833) 666-5245 right now. You have only 10 days to request a DMV hearing to challenge your license suspension. Available 24/7.