Can I refuse a breathalyzer in California?
Hripsime Bagdasaryan's Answer
Criminal Lawglendale, USA8 years experience
Hripsime Bagdasaryan's Answer
In California, you can refuse a roadside breathalyzer test if you're over 21 and not on DUI probation, but once arrested, you must take a breath or blood test under implied consent laws or face a driver's license suspension.
Suspension of driver's license for up to three years for test refusal.
Harsher penalties if convicted of DUI after refusal.
Police can obtain a warrant for a blood test if you refuse.
Voluntary refusal of field sobriety tests does not prevent arrest.
Below is an AI-generated transcript of the video answer.
Can you refuse a breathalyzer in California? So the roadside breath test
can be refused if you're over the age of 21 and you're not on DUI probation
already. Once you're arrested then you have to do a breath or blood test
because California has an implied consent law that if you are a driver
you've implicitly consented to taking either one of these tests if you're
under the suspicion of a DUI. Refusing that test means you're going to get your
driver's license suspended up to three years depending on how many refusals you
have in the past. It's harsher penalties if you're convicted of that DUI and the
police often can get a warrant for your blood anyways if you're refusing so it's
kind of you know doesn't really matter. Refusing your roadside tests like the
field sobriety tests are totally optional. Those tests are voluntary. You
do not have to take field sobriety tests and it doesn't mean that you're
automatically going to be arrested if you refuse those. So the best course of
action is stay calm, be polite, don't resist and just if you're going to be
arrested cooperate breath or blood. That's it.
Criminal Law Lawyer
glendale, USA
