Menu / Navigate
View Our Practice Areas

I refused to take the chemical test. What happens now?

When pulling someone over for suspected drunk driving in California, law enforcement will likely ask that driver to submit to a chemical test of his or her blood. This will typically determine the level of impairment, which would then determine if the driver will be under arrest. A driver technically has the right to refuse to comply with this test.

By holding a valid California driver's license, you have already agreed to submit to a chemical test when asked to do so by law enforcement. This is implied consent, and by violating this consent, you will face certain legal repercussions. Your refusal to comply will likely result in a suspension of your license.

The consequences of refusal

The law states that you must comply with a chemical test to determine the amount of alcohol in your bloodstream. Most of the time, this is done either by a test of your blood or your breath. In rare instances, a test of your urine is possible. If the law enforcement officer states that you refused to comply at the time of your suspected drunk driving traffic stop, you will face the following penalties:

  • One-year suspension of your license for a first-time refusal
  • Two-year revocation for a second refusal within 10 years
  • Three-year revocation for a third refusal within 10 years

The above penalties apply to drivers who are age 21 and up who violate implied consent laws. However, underage drivers who refuse to submit could also face serious penalties if stopped for suspected drunk driving, including a significant suspension or revocation of the license.

If you are facing the loss of your driving privileges because you did not comply with a chemical test, you have options available to you. You may challenge any of the penalties and accusations you are facing, actively working to protect your right to drive more.

A serious defense for serious charges

Drunk driving charges or legal issues related to implied consent law are serious. No matter the nature of your individual case, you would be wise to act in your own interests by building a strong defense.

One of the first steps in your effort to defend yourself against these charges is to seek an explanation of your legal rights and a complete evaluation of your case. While you may not see a way out, a conviction is never your only option, and you have the right to push back against any of the penalties you are facing.

No Comments

Leave a comment
Comment Information