The Consequences of Refusing a Breathalyzer Test
Refusing a breathalyzer test during a DUI stop can have serious consequences, especially in California, where the laws on this are strict. If you’re considering the implications of refusing a breathalyzer, it’s essential to understand the legal process, potential penalties, and your rights as a driver.
If you’ve been charged with a DUI, then you need McCready Law Group on your side. I serve Long Beach; Huntington Beach; Irvine; Lakewood; Orange County, California; and the surrounding areas. Get in touch with me for more information about refusing a breathalyzer and to get the legal representation you need.
Implied Consent Laws in California
When you get a California driver’s license, you automatically agree to the state’s “implied consent” law, meaning you’ve consented to BAC testing if an officer suspects DUI. By holding a license, you agree to comply with breath, blood, or urine tests.
Key Aspects of Implied Consent Laws in California:
If an officer has reasonable suspicion that you’re driving under the influence, you’re legally obligated to submit to a breath or chemical test.
Refusing to take the test when lawfully asked can lead to automatic penalties, even if you’re not ultimately convicted of a DUI.
Implied consent applies to chemical testing but not necessarily to field sobriety tests, which you can generally decline without immediate penalties.
Potential Penalties for Refusing a Breathalyzer Test
Refusing a breathalyzer can lead to various penalties. These penalties are administrative and can apply regardless of the outcome of your DUI case. Penalties for refusal are separate from DUI penalties and generally happen through the California Department of Motor Vehicles (DMV).
License suspension: Refusing a breathalyzer test in California can result in a one-year suspension of your driver’s license for a first offense. This suspension is automatic and separate from any suspension or revocation due to a DUI conviction.
Longer suspension for repeat offenders: If you’ve previously refused a breathalyzer test or have prior DUIs on your record, the penalties are even more severe. A second refusal can lead to a two-year suspension, while a third refusal could mean a three-year suspension.
Additional fines and jail time: In some cases, refusing a breathalyzer test can result in extra fines and potential jail time if the refusal is tied to a DUI charge. Courts may view refusal as a sign of guilt, which could impact sentencing.
Consequences in Court: How Refusal Impacts a DUI Case
Refusing a breathalyzer test doesn’t mean you’ll avoid a DUI charge. In fact, refusal can work against you in court. Prosecutors often use a refusal to imply that a person knew they were intoxicated and tried to avoid incriminating evidence. Here’s how refusal can impact the court process:
Evidentiary use: The court may permit the prosecution to argue that the refusal itself suggests guilt. They may imply that you refused the test because you were under the influence and didn’t want evidence against you.
Impact on plea bargains and defense strategies: Refusal can limit your attorney’s ability to negotiate for lesser charges or plea bargains. Courts may take a harder stance if you refuse, as it’s often perceived as a non-compliant action.
Administrative vs. Criminal Penalties: What’s the Difference?
In California, refusing a breathalyzer test can lead to two separate types of penalties: administrative and criminal. Each comes with its own set of consequences and processes.
Administrative penalties: These penalties are enforced by the DMV and don’t involve a criminal trial. Once you refuse a test, the DMV typically suspends your license. You may request a hearing to challenge the suspension, but your chances are often limited if you refuse without a clear justification.
Criminal penalties: If you’re charged with a DUI after refusing a breathalyzer, the court may impose additional penalties on top of those for the DUI conviction. Criminal penalties for refusal may include longer jail time, harsher fines, and mandatory DUI education programs.
Right to Refuse: What You Should Know
You technically have the right to refuse a breathalyzer test, but in California, this comes with significant consequences. Unlike in some states, refusal leads to mandatory penalties. While you can refuse field sobriety tests without immediate consequences, declining a chemical test triggers automatic penalties.
Exceptions to the Breathalyzer Refusal Penalties
While California’s implied consent laws are strict, there are a few exceptions where you might avoid refusal penalties. These include:
Medical conditions: If a medical condition prevents you from taking a breath test, such as a respiratory disorder, you may be able to avoid refusal penalties. However, you’ll likely be asked to take a blood or urine test instead.
Unlawful stop: If the officer stopped you without reasonable suspicion or didn’t follow protocol, your attorney might challenge the refusal penalties in court, arguing that the stop itself was unlawful.
What Happens During a DMV Hearing?
If you refuse a breathalyzer test and receive an automatic license suspension, you have the right to a DMV hearing to contest it. This hearing is separate from any criminal proceedings and focuses solely on whether the license suspension is warranted. At this hearing, your attorney may:
Argue that the officer didn’t have reasonable suspicion to stop you.
Present evidence that you didn’t understand the implications of refusing the test.
Question whether the officer properly advised you of the consequences of refusal.
Frequently Asked Questions about Refusing a Breathalyzer in California
Is it better to refuse a breathalyzer test?
While refusal can prevent the state from obtaining evidence of your BAC, it usually leads to severe penalties. Refusal doesn’t mean you’ll avoid a DUI charge and may result in a license suspension, fines, and jail time.
Can I refuse other tests?
Yes, you can typically refuse field sobriety tests without immediate penalties, but once you’re arrested and asked to submit to a breath or chemical test, refusing leads to penalties.
Alternatives to Breathalyzer Tests
If you have a medical reason or concern that prevents you from taking a breathalyzer, there may be alternative chemical tests available. Law enforcement may request a blood or urine sample if they suspect you’re under the influence of drugs or alcohol. Each test type has different protocols and reliability factors, but the refusal of any chemical test carries similar penalties.
Alternatives and Their Implications:
Blood tests: Often seen as more accurate, these tests can measure BAC levels precisely. However, they’re typically administered in a medical facility.
Urine tests: Usually reserved for cases involving drug intoxication, urine tests may be less reliable for detecting alcohol impairment.
Avoiding Penalties With Legal Representation
If you’ve refused a breathalyzer or are facing DUI charges, working with a skilled DUI attorney can make a big difference in minimizing the impact. Experienced attorneys understand the technicalities of DUI laws in California and can challenge the circumstances of your stop, refusal, or arrest.
Your attorney may investigate several areas, including:
Whether the officer had probable cause for the stop.
If the officer followed the correct procedures.
Any inconsistencies in the officer’s report or behavior during the stop.
My Firm Is Here for You
Refusing a breathalyzer test may seem like a way to avoid a DUI conviction, but in California, the penalties for refusal can be just as severe as a DUI charge itself. As such, you need skilled criminal defense lawyer on your side. That’s where my firm, McCready Law Group, comes in. Together, we can address these consequences and work toward minimizing penalties. Call me today.