Driving under the influence of drugs or alcohol is a very serious offense in California, and the consequences can be quite harsh. When law enforcement officers pull a driver over with the suspicion of driving under the influence, or DUI, one of the first things they might do is ask the driver to do a breathalyzer test.
It's important to realize, however, that California has two different kinds of tests. The roadside preliminary alcohol screening (PAS) test is optional for most adult drivers. The breath or blood test after a DUI arrest is not optional. Refusing it carries serious penalties. Understanding the difference, and what happens when you fail or refuse a test, is important.
Many people wonder: "Is it better to refuse or fail a breathalyzer test in CA?"
Understanding California’s DUI and Breathalyzer Laws
There are specific California DUI laws in place. Drivers must have a blood alcohol concentration, or BAC, of under 0.08% in order to operate a vehicle. Commercial drivers have an even lower limit of 0.04%, and drivers under 21 can't drive with a BAC of 0.01% or more. For drivers under 21, a BAC from 0.01% up to 0.04% leads to an administrative license suspension.
When law enforcement officers believe a person is driving under the influence, they can pull them over and start a series of tests. Typically, this is a breathalyzer test, but it could also be a blood test or a urine test.
California also has an implied consent law in CA. This means that by driving in the state, drivers automatically consent to a breath or blood chemical test after a lawful DUI arrest. That post-arrest test is required. The roadside preliminary alcohol screening (PAS) test before an arrest is different. An adult driver who is not on DUI probation can refuse the PAS, and the officer must tell them so. Drivers under 21 and drivers on DUI probation must take the PAS. Refusing the PAS does not trigger the one-year refusal suspension.
Taking a Breath Test - Consequences of Failing a Breathalyzer Test
if you choose to take a breathalyzer test, and you fail it, which means your BAC is over the legal limit, there are immediate penalties and long-term consequences. These include:
Administrative Suspension of Your California Driver's License
The California Department of Motor Vehicles, or DMV, often immediately suspends your drivers license even before you make your first court appearance. For a first offense, the administrative license suspension is 4 months.
Criminal Penalties
If you fail a breath test it is considered evidence, and prosecutors can use this evidence against you in court. A first-time DUI offender often faces fines, probation, mandatory DUI education programs, and even possible jail time. Those who are repeat offenders have even harsher penalties.
Insurance Consequences
Drivers are required to have car insurance in California, and if you get a DUI conviction, it generally raises your premiums significantly. You also may need to participate in an SR-22 program if you want to keep your coverage.
Impact on Employment
A DUI conviction could also have an impact on your job, especially if you do any driving at work.
Though these consequences are harsh, everyone who gets pulled over for DUI is not ultimately convicted. There are a number of ways these DUI attorneys in Sacramento can help in these situations, which is why it's very important to seek legal counsel immediately following an arrest.
Consequences of Refusing a Breathalyzer Test
Some people think refusing a breath or blood test means that they can't be charged or convicted. This isn't true. Under California's implied consent law, the breath or blood test after a DUI arrest is required. Here are the consequences of refusing the post-arrest chemical test:
License Suspension
With a failed test, the first-offense administrative suspension is 4 months. A first refusal of the post-arrest chemical test leads to a one-year suspension. With prior offenses, it can be two or three years.
Court Consequences with a DUI Charge
If you are convicted of DUI after refusing the post-arrest chemical test, a refusal enhancement adds extra jail time (Vehicle Code 23577). Prosecutors can also use the refusal in court as evidence that you believed you were guilty.
Other Penalties
Refusing a breathalyzer test does not prevent charges for a DUI. Officers can still arrest a driver based on other factors, and the arresting officer will likely get a warrant from a judge to force alternative chemical tests, eventually. Also, keep in mind that the court may see the refusal as noncompliance and consider this when determining fines, probation, and sentencing.
Comparing the Risks: Refusal vs. Failing
The roadside PAS test and the post-arrest chemical test carry very different risks:
- The Roadside PAS Test - For most adult drivers who are not on DUI probation, this test is optional, and refusing it does not trigger the refusal suspension.
- The Post-Arrest Chemical Test - This test is required by law. Refusing it is not a defense strategy. It leads to a one-year suspension for a first refusal, extra jail time if you are convicted of DUI, and evidence the prosecutor can use against you. The officer can also get a warrant for a blood test.
- Failing a Test - If you fail a test, it gives the prosecutors evidence that your BAC was over the legal limit. However, a defense attorney can sometimes argue that the test wasn't valid, that it was calibrated incorrectly, or that it was administered in a way that violated a driver's constitutional rights.
Test results can often be challenged with the help of a DUI attorney. They can also help answer questions like What is a rising blood alcohol defense in a DWI case?
Factors That Influence the Decision
There are a number of factors that can affect how a DUI case is handled:
- BAC at the Time of the Stop - A driver who has a BAC that is slightly over the limit are often not treated as harshly in court as those who are heavily impaired.
- Prior DUI History - Those people who have a history of DUI will likely face harsher penalties no matter what they choose to do.
- Presence of Passengers - If there are passengers in the car, especially minors, this can also have an affect on the penalties whether you refuse or comply with a breath test.
- Law Enforcement Practices - Understanding all of the test for DUI charges, including breath tests and field sobriety tests, can help build a legal defense.
- Legal Representation - Immediately calling a DUI attorney after an arrest can have a very positive impact on the case. They can advise you from the start about your rights.
Legal Options After a Breathalyzer Test
Whether a driver refuses or fails a breathalyzer, California law provides opportunities for legal defense:
- Challenging the Test Accuracy - Breathalyzers must be properly calibrated and administered according to state protocols. Errors in testing procedures can be grounds for dismissal or reduced charges.
- Administrative Hearings - A DMV hearing allows drivers to contest license suspension after a refusal or a failed test. You have only 10 days from receiving the Order of Suspension/Revocation to request the hearing, or the suspension takes effect automatically.
- Negotiated Plea or Alternative Sentencing - In some cases, attorneys can negotiate reduced penalties or enrollment in diversion programs to mitigate long-term consequences.
Role of a DUI Attorney in California
Working with a DUI lawyer like Blair Goss from Goss Law can make a difference in a DUI case. An attorney can:
- Explain the difference between the optional roadside test and the required post-arrest test
- Evaluate the circumstances of the arrest and traffic stop for procedural errors
- Challenge the reliability of BAC test results
- Represent the client in DMV hearings and court proceedings
- Negotiate plea deals or alternative sentencing options
Key Takeaways
- California drivers face serious consequences whether they refuse or fail a breathalyzer.
- Refusing the post-arrest chemical test triggers a one-year DMV license suspension for a first refusal, while failure provides concrete BAC evidence for prosecution.
- Legal strategies exist to challenge both refusals and failed tests, but immediate legal guidance is critical.
- Consulting a DUI attorney in Sacramento can help protect rights, minimize penalties, and potentially prevent a DUI conviction from impacting your life long-term.
Have a DUI Arrest? Call Goss Law for a Free Consultation
In California, the roadside PAS test is optional for most adult drivers, but the post-arrest chemical test is required, and refusing it carries serious consequences. Understanding the legal implications and consulting with a DUI attorney like Blair Goss of Goss Law can help drivers understand their rights and their options after an arrest.
Whether you are facing a DUI for the first time or dealing with a repeat offense, early legal guidance is crucial. Attorney Blair Goss of Goss Law in Sacramento, CA, can evaluate your situation, explain your rights, and represent you in court or at DMV hearings to protect your future.
Contact Goss Law today to discuss your case and ensure you have knowledgeable legal support every step of the way. Free consultations are available.
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This post is general information about California law, not legal advice about your situation. Laws change, and every case is different. For advice about your case, talk to a lawyer.