Can You Refuse to Take a Chemical Test?
We Can Defend You Either Way
At The Law Offices of Adam Allen Arant, our practice has been dedicated to
DUI defense since 2007, over which time we have effectively defended many people who
have both submitted to chemical tests and refused to submit to such tests.
Whether or not you willingly submitted to a breath or blood test, our
San Jose DUI lawyer has the knowledge and tools you need to pursue the most favorable outcome
in your DUI case.
California's Implied Consent Law
Under California's "implied consent law," a person who drives
a motor vehicle is deemed to have given consent to a chemical test of
their blood, breath, or urine for the purpose of determining the alcoholic or
drug content of their blood, if arrested for
The test is taken at the time of your arrest and the officer should give
you the choice of submitting to a blood or breath test. A person who has
hemophilia or a person with a heart condition who is taking an anticoagulant
is exempt from taking a blood test and shall instead submit to a urine test.
What Happens if You Refuse to Take the Test?
If you are arrested, the officer should inform you that if you refuse to
take the test, that refusal will result in fines and the loss of your
driving privileges, and that you could be sent to jail if you are ultimately
convicted of DUI.
Refusing to submit to a chemical test will result in an automatic one-year
driver's license suspension for a first refusal, a two-year driver's
license suspension for a second refusal, and a three-year license suspension
for a third refusal. You will be fined $125 whether this is your first,
second, or third refusal.
Seek Help from a San Jose DUI Lawyer
It is not usually helpful to refuse to take a blood, breath or urine test
when you've been arrested for DUI. While the consequences of a DUI
in California are greater than refusing a chemical test, refusing a test
does not guarantee that you won't be found guilty of DUI. You can
anticipate that the prosecution will try and use your refusal against
you by arguing that you refused to take the test because you knew you
To learn more about DUI, read our DUI FAQspage, then
contact our firm to seek help from an experienced DUI defense attorney!