What Happens If You Refuse a Breathalyzer in San Diego County?
If you’re pulled over on suspicion of DUI in San Diego County, the officer may ask you to take a breathalyzer test. Here’s what you need to know if you’re ever faced with the decision of whether or not to refuse this test.
Understanding California’s Implied Consent Law
When you get a California driver’s license, you automatically agree to what’s called “implied consent.” This means that if you are lawfully arrested for DUI, you are required to submit to a chemical test, either a breath or blood test, to measure your blood alcohol content (BAC).
Refusing to take the test after an arrest can trigger automatic and serious penalties, regardless of whether you were actually over the legal limit.
Important to note:
- Before you are officially arrested, you have the right to refuse a preliminary alcohol screening (PAS) breath test without penalty if you are 21 or older and not on DUI probation.
- After arrest, refusal can hurt you significantly.
What Are the Penalties for Refusing a Breathalyzer in San Diego?
If you refuse a post-arrest breathalyzer test in San Diego County, you face additional penalties beyond the standard DUI punishments, including:
- Automatic driver’s license suspension (one year minimum for a first offense)
- Additional jail time if you’re convicted of DUI
- Increased fines and penalties
- Mandatory DUI education programs
- Use of the refusal as evidence against you at trial
How the DMV Handles a Refusal
Refusing a breathalyzer triggers an immediate DMV administrative suspension, separate from your criminal case. You only have 10 days from the date of your arrest to request a DMV hearing to challenge the suspension.
If you don’t act quickly, the DMV will automatically suspend your driving privileges—even if your DUI charges are later dropped in court.
At the DMV hearing, they will focus on:
- Whether the officer had reasonable cause for the stop
- Whether you were lawfully arrested
- Whether you were properly advised about the consequences of refusing
- Whether you actually refused to take the chemical test
Can Refusing a Breathalyzer Help You Beat a DUI Charge?
Some people think that refusing the breathalyzer makes it harder for prosecutors to prove DUI.
This is only partially true. While there may be no BAC reading, prosecutors can still build a case using:
- Officer observations (slurred speech, bloodshot eyes, unsteady gait)
- Field sobriety test results
- Body cam footage or dash cam video
- Testimony from witnesses
Defenses to Breathalyzer Refusal in San Diego
An experienced DUI attorney can raise several possible defenses, such as:
- You were not properly advised about the consequences of refusing
- You had a legitimate medical reason preventing you from completing the test
- The officer did not have probable cause for the arrest
- The equipment was not working properly
What Should You Do If You Refused a Breathalyzer?
If you refused a chemical test after being arrested in San Diego, it’s critical to contact an experienced DUI lawyer immediately. Acting quickly could make the difference between saving your license and losing it for a year or more.
Rick Mueller is a California DUI Lawyers Association Specialist with decades of experience in San Diego County. He knows how to fight DMV suspensions, challenge the legality of breathalyzer refusals, and protect your driving record and freedom. Sign up for a free consultation and get expert help today.