Find a California DUI Defense Attorney
California Implied Consent Law
California is among many states with an implied consent law, under which a person who drives a car in California is presumed to agree to suspension of his driver’s license if he refuses to consent to a blood, breathalyzer, or urine test for DUI.
Under the U.S. Constitution and state constitutions, you do have the right to refuse to provide evidence against yourself by testing, but your driver’s license may be immediately confiscated and you’ll face a one year suspension.
In addition, your act of refusal can be used as evidence of guilt in a DUI prosecution.
Finally, a BAC test refusal can be used to enhance your DUI penalties when you are sentenced, adding additional jail time that must be served.
If you consent, you have the right to an independent blood test, at your own expense.
Courts have ruled implied consent laws constitutional.
For more information, see the 2010 California Driver’s Manual
