Being arrested for driving under the influence (DUI) in California can be confusing, especially when an officer asks you to submit to a breath or blood test. Many drivers believe they have the right to refuse any chemical test without consequences. However, California's implied consent law works differently.
Under California law, anyone who lawfully drives a motor vehicle is considered to have already agreed to submit to a chemical test if lawfully arrested for DUI. Refusing a required chemical test can result in significant consequences that are separate from any criminal penalties.
Understanding California's implied consent law can help you make informed decisions if you are ever stopped or arrested for DUI.
What Is California's Implied Consent Law?
California's implied consent law is found in California Vehicle Code section 23612.
The law provides that any person who drives a motor vehicle in California is deemed to have given consent to a chemical test of their blood or breath if they are lawfully arrested for driving under the influence.
This law does not mean police can require a chemical test during every traffic stop. Instead, implied consent generally applies after a lawful DUI arrest.
Once a lawful arrest has been made, refusing a required chemical test may lead to additional criminal and administrative consequences.
When Does Implied Consent Apply?
Many people misunderstand when implied consent begins.
The law generally applies only after:
- You have been lawfully arrested for DUI.
- The officer requests a chemical test.
- You are advised of the consequences of refusing the test.
Simply being pulled over does not automatically require you to submit to a post-arrest chemical test under California's implied consent law.
Field Sobriety Tests Are Different
One of the most common misconceptions is that field sobriety tests are required.
In most situations, field sobriety tests are voluntary.
These roadside exercises may include:
- Walking heel-to-toe.
- Standing on one leg.
- Following an object with your eyes.
- Reciting portions of the alphabet.
- Counting exercises.
Unlike chemical testing after an arrest, field sobriety tests are generally not required under California's implied consent law.
Breath Test vs. Blood Test
Following a DUI arrest, drivers are generally asked to complete either:
- A breath test, or
- A blood test.
The available options may depend on the circumstances of the arrest, whether drugs are suspected, and other legal considerations.
Each testing method has different procedures, and the evidence may later become an important issue in court.
What Happens If You Refuse a Chemical Test?
Refusing a required chemical test can have serious consequences.
Depending on the circumstances, a chemical test refusal may result in:
- A one-year driver's license suspension with no eligibility for a restricted driver's license for a first-time DUI offense.
- Longer driver's license suspensions for drivers with prior DUI convictions or prior chemical test refusals.
- The refusal being introduced as evidence in your criminal DUI case.
- Additional issues that may be challenged during your DMV Administrative Per Se (APS) hearing.
Because refusal cases involve both the criminal court and the DMV, they are often more complex than a standard DUI case. An experienced DUI attorney can evaluate whether the officer complied with California's implied consent law and whether the refusal allegation can be challenged.
Can Police Force You to Take a Blood Test?
Whether law enforcement can obtain a blood sample depends on the facts of each case and applicable law.
In some situations, officers may seek a search warrant authorizing a blood draw.
Because refusal cases often involve constitutional issues, search warrant procedures, and evolving case law, they should be carefully reviewed by an experienced DUI attorney.
What Happens at the DMV Hearing?
If your driver's license is at risk of suspension, you may have the right to request a DMV Administrative Per Se hearing.
At the hearing, issues involving the alleged refusal and the DUI arrest may be reviewed.
The DMV hearing is separate from your criminal court case.
Understanding both proceedings is essential because different outcomes are possible.
Common Misunderstandings About Implied Consent
Many drivers have misconceptions about California's implied consent law.
Myth: I can refuse every DUI test.
Fact: Refusing a required post-arrest chemical test may carry significant consequences.
Myth: I automatically lose my license forever.
Fact: License consequences vary depending on the circumstances and prior DUI history.
Myth: The DMV and criminal court are the same case.
Fact: These are two separate legal proceedings with different purposes.
Myth: Refusing guarantees my DUI case will be dismissed.
Fact: A refusal does not automatically result in dismissal and may create additional legal issues.
How a DUI Attorney Can Help
Implied consent cases frequently involve complicated legal questions, including:
- Whether the arrest was lawful.
- Whether the officer properly advised you of the consequences.
- Whether testing procedures complied with California law.
- Whether the refusal allegation is supported by the evidence.
- Whether your constitutional rights were protected.
A DUI attorney can review the facts of your case, represent you during the DMV hearing, and prepare your criminal defense.
Frequently Asked Questions
What is California's implied consent law?
It is the law providing that drivers lawfully arrested for DUI are deemed to have consented to a chemical test of their blood or breath.
Can I refuse a breath test?
The answer depends on the stage of the investigation. Refusing a required post-arrest chemical test may result in additional consequences under California law.
Is a field sobriety test required?
In many situations, field sobriety tests differ from chemical testing and may not be mandatory.
Will refusing a chemical test dismiss my DUI case?
No. A refusal does not automatically result in dismissal and may create additional criminal and DMV issues.
Should I hire an attorney if I am accused of refusing?
Yes. Refusal allegations often involve complex legal issues that can significantly affect both your driver's license and criminal case.
Contact The Law Offices of Kirk Tarman & Associates
If you have been arrested for DUI or accused of refusing a chemical test, understanding California's implied consent law is an important first step. For more than 25 years, The Law Offices of Kirk Tarman & Associates has represented clients throughout Southern California in DUI cases, DMV Administrative Per Se hearings, and refusal cases.
Contact our office today to discuss your case and learn about your legal options.