Can You Refuse a Breathalyzer in California?

Many drivers have heard they should “never blow.” The reality in California is more nuanced. Whether you can refuse a breath test — and what happens if you do — depends on which test you are being asked to take.

The roadside screening test (PAS)

Before an arrest, an officer may ask you to blow into a small handheld device called a preliminary alcohol screening (PAS) test. For most adult drivers 21 and older who are not on probation for DUI, this roadside test is generally optional. The officer is supposed to tell you that.

Drivers under 21 and people on DUI probation are treated differently and generally must submit to the PAS test.

The chemical test after arrest

Once you are lawfully arrested for DUI, California's implied consent law applies. By driving in California, you are considered to have agreed to a chemical test of your breath or blood after a lawful DUI arrest. Refusing at this stage usually has serious consequences:

• A longer license suspension than for a failed test, even for a first offense
• Additional penalties if you are convicted of DUI
• The refusal can be used as evidence in the criminal case
• Police may seek a warrant for a blood draw

Field sobriety tests

Standardized field sobriety tests — like walking a line or standing on one leg — are generally voluntary. You can politely decline. These tests are subjective, and many sober people struggle with them.

Blood tests and warrants

After an arrest, you may be offered a choice between a breath test and a blood test. Each has its own strengths and weaknesses as evidence, and both must follow strict procedures. If a driver refuses, officers may try to obtain a warrant for a blood draw. How the sample was taken and handled can become an important issue in the case.

What to do

Stay calm, be polite, and do not argue at the roadside. If you were arrested, remember the 10-day deadline to request a DMV hearing and contact a DUI lawyer quickly. Learn more about our DUI defense services or read First DUI in California.

This article provides general information, not legal advice, and does not create an attorney-client relationship.