Consequences of a Chemical Test Refusal During a DUI Arrest in California

In DUI Drivers License Consequences on November 25, 2010 at 12:50 pm

What happens if you refuse a breathalyzer?

and you’re brought in for a blood draw and test negative? Were you technically arrested, and if so, on what charges…if you ended up testing negative for DUI? 

It’s a hypothetical question…I just always wondered how that would work?

  • 1 month ago
  • (Tiebreaker)

Additional Details

I guess I just don’t understand why…if you haven’t been drinking, regardless if the officer THINKS you’ve been (and could be wrong)…and you simply refuse to take the breathalyzer for whatever personal reason…you’re still penalized as if you had been.
In California 

There are two things that can happen if you refuse a chemical test.

1. The police officer will read you the refusal admonishment which tells you you’re going to lose your license for at least 12 months. Then you will be arrested and charged with a dUI with refusal enhancement. The evidence will be based on the officer’s observations of intoxication, smell of your breath, etc.

2. In some counties, if you refuse the chemical test, they will read you the admonishment as described above, they will then have 2-3 police officers enter the room, hold you down, and forcefully draw your blood. You’ll then get your blood alcohol level at court, be charged with a DUI with a refusal enhancement and still be facing a mimum of 12 months suspension if you lose or fail to contact the DMV.

Ohh, this is all legal too.



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