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Can I refuse the breathalyzer test in San Diego?

Drivers consent to certain tests when they obtain a license to drive in the United States, including field sobriety tests. The laws vary from state-to-state, but drivers in California face stiff penalties if they refuse to take the breathalyzer test. Below is an overview of California law and how it pertains to drivers who have been accused of driving under the influence of alcohol. If you have been accused of driving under the influence in California, it may benefit you to speak with a San Diego drunk accident lawyer.

Implied Consent

If a driver is accused of driving under the influence in California, they must submit to field sobriety testing.
Although the breathalyzer test is the most widely used field sobriety test, police officers may also request a blood or urine sample for testing. Whether you’ve been arrested or not, the law requires you to take a sobriety test.


If you refuse to take a breathalyzer test at the time of your traffic stop or anytime thereafter, you will face certain penalties under California law including:

  • Immediate Suspension Of Your Driving Privileges
  • Arrest At The Time Of Traffic Stop
  • Revocation Of Your License If Not Your First Offense

If you are convicted of driving under the influence, you could also face penalties such as:

  • Imprisonment
  • Fines
  • Required Alcohol Education Program

If you refuse to take a breathalyzer test or have an accident while under the influence of alcohol, you should obtain legal advice from a San Diego drunk accident lawyer since the penalties are severe. For a consultation about your DUI case, contact the attorneys at Mova Legal. One of the greatest ways to safeguard your interests while your case progresses is to have an experienced lawyer on your side.


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