Can I refuse the breathalyzer test in San Diego?

San Diego Drunk Accident Lawyer

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

Under California law, drivers are required to submit to field sobriety tests if they are suspected of driving under the influence. The breathalyzer test is the most commonly administered field sobriety test, but police officers may also obtain a blood or urine sample for testing, as well. The law requires you to take a sobriety test whether you have been arrested or not.


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

Because the penalties are stiff, it is recommended that you seek legal counsel from a San Diego drunk accident lawyer if you have refused to take a breathalyzer test or had an accident while under the influence of alcohol. Contact the professionals at Mova Legal for a consultation regarding your DUI case. Having an experienced lawyer on your side is one of the best ways to protect your interests as your case moves forward.

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