California’s implied consent law, in plain English
By driving in California, you agree to submit to a chemical test after a lawful DUI arrest. This is the state’s implied consent rule (VC §23612). Officers must advise you that refusal leads to immediate license consequences and can increase criminal penalties. Pre–arrest roadside breath tests (PAS) are generally voluntary for adults, but post–arrest chemical testing is not.
DMV consequences if you refuse
A refusal triggers an Administrative Per Se action by the DMV that runs independently from the court case. For a first refusal, the DMV typically imposes a one–year suspension. You’ll receive a 30–day temporary license; you generally have 10 days to request a hearing to contest the action. DMV overview pages explain these processes and timelines: https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/ and https://www.dmv.ca.gov/…/ffdl-26/.
Court–side enhancements for refusal
Separate from the DMV, prosecutors may seek added sentencing based on a refusal under VC §23577. Courts can impose additional custody time, longer DUI education, and tighter probation conditions. The exact impact depends on case facts, county policy, and prior history.
Defense options that can change the outcome
- No lawful arrest / lack of probable cause: If the stop or arrest was unlawful, refusal evidence can be excluded.
- Improper advisement: Officers must give clear, complete warnings. Inadequate advisements can defeat a refusal allegation.
- Medical inability / special circumstances: Asthma, COPD, recent oral surgery, bleeding disorders, or needle phobia can support a blood or breath test inability defense.
- Language / confusion issues: Demonstrated confusion about rights or instructions can undermine the state’s refusal theory.
Start building your record immediately: write down what was said, identify witnesses, and preserve video where possible. Our detailed guides cover test mechanics and Title 17 procedures: https://www.caduilaw.com/dui-law-library/chemical-test-refusal-or-failure/, https://www.caduilaw.com/dui-defenses/, and https://www.caduilaw.com/field-sobriety-tests/.
DMV hearing playbook: preserve your ability to drive
We file the hearing request, seek a stay where available, subpoena the officer and records, and cross–examine on advisements, timelines, and procedure. Even when refusals are alleged, set–asides happen—especially where advisements were deficient or the arrest lacked probable cause. Learn what to expect: https://www.caduilaw.com/court-dmv-trials/dmv-hearings/.
Pro tips after a refusal
- Move fast: Calendar the 10–day DMV deadline the day you are released.
- Stay silent: Do not post about your case online; limit case facts to privileged conversations with counsel.
- Collect proof: Save medical paperwork, work schedules, and any videos that corroborate your condition and officer interactions.
FAQs
Does refusing the roadside PAS test count as a refusal?
For adults 21+, pre–arrest PAS is generally voluntary. The refusal consequences discussed here are tied to post–arrest chemical testing.
Can I change my mind after saying “no”?
Not reliably. Once the officer records a refusal, courts may treat later cooperation as too late; we focus on advisement accuracy and timing to fight the allegation.
How long is a first–offense refusal suspension?
Typically one year through the DMV’s Administrative Per Se process, separate from court sentencing.
Can I get a restricted license on a refusal?
Options are narrower in refusal cases. We evaluate ignition interlock and eligibility under current rules and county practice.
The bottom line
Refusal allegations raise the stakes in both DMV and court. With rapid action and precise procedural challenges, you can protect your license and narrow sentencing exposure. Braden & Tucci—Southern California’s Most Respected DUI Attorneys—will pressure–test every step and fight for the best possible outcome.
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