Refusing a Blood Test After a DUI Arrest in California
Written by Kirk Tarman | Criminal Defense Attorney | State Bar #203966 | Licensed Since 1999 | The Law Offices of Kirk Tarman & Associates
In California DUI cases, refusing a blood test after arrest may lead to DMV license suspension issues, enhanced DUI penalties, and possible court consequences. Many drivers mistakenly believe they automatically have the right to refuse all chemical testing after a DUI arrest. However, California implied consent laws, search warrant procedures, and constitutional protections can all affect what happens next. Understanding the difference between breath tests, blood tests, DUI refusal allegations, and warrant requirements is important in both misdemeanor and felony DUI investigations throughout San Bernardino, Riverside, Los Angeles, and Orange Counties.
A DUI arrest in California may involve requests for a breath test, blood test, or both. Many drivers ask whether they can legally refuse a blood test after being arrested for DUI and what consequences may follow under California law. The answer is more complicated than many people realize.
Can You Refuse a Blood Test After a DUI Arrest in California?
In California, drivers may refuse a post-arrest blood test, but a refusal can still lead to serious consequences, including enhanced DUI penalties, DMV license suspension issues, and the possibility of law enforcement seeking a warrant for a forced blood draw.
California’s implied consent law generally requires drivers lawfully arrested for DUI to submit to a chemical test after arrest.
However, the law surrounding blood test refusals changed significantly after the United States Supreme Court decision in Birchfield v. North Dakota.
Birchfield v. North Dakota (2016)
In Birchfield v. North Dakota, the United States Supreme Court addressed whether states could criminally punish drivers for refusing warrantless chemical tests after a DUI arrest.
The Court drew a distinction between:
- Breath tests
- Blood tests
The Supreme Court held that warrantless breath tests may generally be allowed as a search incident to arrest because they involve a minimal physical intrusion.
Blood tests, however, were treated differently because they involve piercing the skin and collecting a biological sample. The Court determined that blood tests are significantly more intrusive and generally require a warrant unless an exception applies.
Why Birchfield Still Matters in California DUI Cases
The Birchfield decision remains important in California DUI defense because California historically relied on implied consent laws requiring drivers to submit to testing after arrest.
The Supreme Court made clear that implied consent laws do not automatically eliminate Fourth Amendment protections against unreasonable searches and seizures.
In California, refusing a chemical test is generally not charged as a separate standalone crime. However, a refusal may still lead to:
- Additional DUI penalties
- Longer license suspensions
- Enhanced sentencing allegations
- DMV administrative consequences
- Evidence issues during litigation
What Happens If You Refuse Both a Breath and Blood Test?
In many California DUI investigations, officers ask drivers whether they will submit to a blood or breath test after arrest.
If a driver refuses both, law enforcement may:
- Seek a search warrant for a blood draw
- Request additional penalties for refusal
- Report the refusal to the DMV
- Use the refusal as evidence in court
Refusal cases often involve complex constitutional and procedural issues that may affect both the criminal case and DMV hearing.
DUI Refusal Cases in Southern California
DUI refusal allegations frequently arise in:
- CHP DUI investigations
- DUI checkpoints
- Riverside County DUI arrests
- San Bernardino County DUI arrests
- Rancho Cucamonga DUI cases
- DUI with injury investigations
- Felony DUI matters
Every DUI refusal case depends on the specific facts, including whether a lawful arrest occurred, whether proper advisements were given, and whether a warrant was obtained.
California DUI Defense Representation
The Law Offices of Kirk Tarman & Associates represents clients facing DUI charges throughout San Bernardino, Riverside, Los Angeles, and Orange Counties.
Attorney Kirk Tarman has more than 25 years of criminal defense experience handling:
- DUI defense
- DMV APS hearings
- DUI refusal allegations
- Felony DUI defense
- DUI with injury cases
- Motion litigation
- Suppression issues
- Jury trial defense
Frequently Asked Questions
Can police force a blood draw after a DUI arrest in California?
In some situations, police may obtain a warrant authorizing a blood draw after a DUI arrest.
Will refusing a blood test suspend my license?
A refusal may trigger DMV administrative penalties and possible license suspension consequences.
Is refusing a blood test a crime in California?
California generally treats refusal as an enhancement and DMV issue rather than a separate criminal offense.
Can refusing a test help my DUI case?
Every case is different. Refusal issues can create both challenges and possible defense arguments depending on the circumstances.
Legal Disclaimer
The law surrounding DUI blood test refusals, warrants, and implied consent continues to evolve. Every case is different and outcomes depend on the facts, court rulings, and evidence involved.
Birchfield v. North Dakota; No. 14-1468; Decided June 23, 2016.