US-California

Can I refuse a breathalyzer test during a DUI stop in California?

1 year
First refusal license suspension
2 years
Second refusal suspension
$125
Hearing fee
48 hours
Jail for first refusal
The Short Answer

No, you generally cannot refuse a breathalyzer test during a DUI stop in California without serious consequences. By driving, you've given 'implied consent' to chemical testing if lawfully arrested for DUI.

What the Law Says

California law requires drivers to submit to chemical testing (breath or blood) if lawfully arrested for DUI. This is known as 'implied consent.' Refusing carries automatic administrative and criminal penalties.

Under California's implied consent law, anyone who drives in the state is considered to have agreed to submit to a chemical test if arrested for driving under the influence. You cannot legally refuse — even if you believe the arrest was unfair or mistaken.

The Department of Motor Vehicles (DMV) will suspend your driver’s license automatically upon refusal, separate from any criminal court case. The length of suspension depends on how many prior refusals or DUI convictions you have within the past 10 years.

Criminal penalties for refusal are added to any DUI conviction. A judge may impose mandatory jail time, longer probation, and higher fines — even for a first offense.

Statutory Text

If a person refuses the officer's request to submit to, or fails to complete, a chemical test, the person's privilege to operate a motor vehicle in this state shall be suspended by the department for a period of one year...

— Vehicle Code § 13353(a)(1) — Implied Consent Law
Statutory Text

Upon receipt of the report of a refusal..., the department shall suspend the person's privilege to operate a motor vehicle in this state for a period of one year...

— Vehicle Code § 13353(c)(1)

What Courts Have Said

California courts have consistently upheld the constitutionality of the state’s implied consent law and refusal penalties, emphasizing that driving is a privilege — not a right — and that refusal undermines DUI enforcement.

Birchfield v. North Dakota
U.S. Supreme Court · 2016

While not a California case, it affirmed states may criminalize breath test refusal (but not blood test refusal without a warrant), supporting California’s approach to breathalyzer refusal penalties.

People v. Arredondo
California Court of Appeal · 2016

Held that officers must give clear, unambiguous admonitions about consequences of refusal before a valid test request is made; failure to do so may invalidate the refusal finding.

What to Do

1

If arrested for DUI, you must choose a breath or blood test (urine only if both are unavailable). You cannot refuse without penalty.

2

Ask for a DMV administrative hearing within 10 days of arrest to challenge the suspension — there’s a $125 fee.

3

Consult a DUI attorney immediately — they may challenge whether the arrest was lawful or whether proper warnings were given.

4

Do not make statements admitting guilt or downplaying impairment — remain polite but invoke your right to remain silent.

5

If you refused, act fast: the DMV suspension starts 30 days after arrest unless you request a hearing.

Sources

statuteVehicle Code § 13353(a)(1) — Implied Consent LawstatuteVehicle Code § 13353(c)(1)caseBirchfield v. North Dakota, 579 U.S. 438 (2016)casePeople v. Arredondo, 245 Cal. App. 4th 62 (2016)

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.