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Law Offices of Virginia L. Landry, Inc. Law Offices of Virginia L. Landry, Inc.
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What Happens If I Refuse to Take a Breath & Blood Test?


California has “implied consent” laws that require all drivers stopped on suspicion of DUI to submit to breath and chemical testing. Breath and blood tests help law enforcement determine blood alcohol concentration (BAC) levels. In most cases, the driver can choose between taking a blood or breath test; however, if neither a blood nor breath test is available, the driver will need to take a urine test. Drivers who refuse to take a test will face serious consequences.

Consequences of Refusing to Take a Breath & Blood Test

When a driver receives their driver’s license, they agree to California’s “implied consent” laws that require them to submit to breath and chemical tests. If a driver refuses to take a breath, blood, or urine test, they can face severe penalties. The penalties for refusing to take a blood, breath, or urine test include the following:

  • One-year license suspension
  • Two-year license suspension if you have a previous DUI or reckless driving conviction
  • Fine of up to $125
  • Up to 48 hours in county jail
  • Minimum nine-month California DUI school

The consequences will be enhanced if you have multiple DUI offenses.

Will a DUI Test Refusal Help My Case?

Many drivers believe that refusing to take a blood, breath, or urine test will help them with their case. However, refusing to take a DUI test won’t necessarily help you avoid a DUI conviction. You can be found guilty of a DUI even without BAC test results. The prosecutions may even use your DUI test refusal as a display of guilt and a sign of trying to hide your intoxication. Your greater chance to avoid a DUI conviction is an experienced attorney.

Orange County DUI Defense Lawyers

If you face DUI charges, you only have ten days to file an appeal. For such reasons, it is vital to have an experienced attorney on your side. Our team at Law Offices of Virginia L. Landry, Inc. has been helping people throughout Southern California get their DUI charges reduced or even dismissed. We offer skilled legal counsel both in criminal court and at our clients' administrative DMV hearings. We have found that by representing clients in both of these actions, we are able to build more effective cases that result in more positive case outcomes.

Contact our Orange County DUI defense attorneys today at 949-694-8804 to schedule a consultation!

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