Understanding the Consequences: What to Expect if You Refuse to Take a Breathalyzer Blood Test

March 27, 2025 | Nafiz M. Ahmed

When you get pulled over for a DUI, you have the option of not taking a test to determine whether you’re under the influence. However, the consequences of refusing to take a breathalyzer or blood test can be substantial in San Jose, California. This blog post addresses what you need to know about this important decision. 

California Implied Consent

Under California Vehicle Code Section 23612, you provide implied consent to submitting to testing when you accept your license and drive a vehicle. Refusing a breathalyzer, blood, or saliva test won’t automatically result in a DUI conviction, but it can quickly become complicated. You can refuse a breathalyzer test, but you must be careful to do so with your DUI defense in mind. 

Taking the right steps can prevent you from losing your license for a long period or spending more time in jail. Working with a skilled attorney can make this strategy more successful and faster. You may even be able to take advantage of special exceptions to the implied consent law, such as if you have a medical condition like hemophilia that prevents you from safely taking a blood test.

What Happens When You Refuse a Breathalyzer or Blood Test

If officers pull you over because they suspect you’re intoxicated, refusing to take an evidential test can come with some relatively harsh penalties right away. You could face a mandatory one-year license suspension and 48 hours in jail for your first offense. For a second offense, the suspension is two years with 96 hours in jail, and a third or higher charge brings three years of license suspension and ten additional days in jail.

Most drivers don’t think it’s worth these risks to refuse the test, but if you choose to do so, your attorney may be able to challenge the refusal. They may be able to show the officers didn’t inform you of the consequences or they didn’t have probable cause to pull you over. Refusing the test will likely land you behind bars without a license, and it could negatively affect your case at trial.

Potential DUI Defense Strategies Involving a Refusal

When you refuse a breathalyzer or blood test, the police must rely on other evidence to support their charges. Without the critical chemical proof of intoxication, it can sometimes be easier for your DUI defense attorney to have your charges dismissed or reduced. Some reasons they might present include:

• The officers didn’t inform you of the consequences of refusal.
• There is insufficient non-chemical evidence, such as a failed field sobriety test or proof you were driving erratically.
• The officers failed to follow proper procedures during your arrest and booking.
• You have no history of DUI or substance abuse.

Fighting a refusal and DUI charge can be hard, but DUI defense attorneys understand how prosecutors handle these cases. They will put that knowledge to work to dismiss your charges or negotiate a satisfactory plea deal.

Refusing a Breathalyzer or Blood Test Can Have Long-term Consequences

If your refusal can’t be removed or dismissed, you could suffer more damage later in life. Prospective employers may shy away from hiring someone with a DUI or refusal in their past. Having a suspended license can impact your current employment if you can’t get to work regularly.

Your auto insurance rates could increase, and a refusal may appear on your driving record. In fact, your insurer may drop your coverage completely, pushing you to seek higher-priced insurance under the California FAIR Plan.

Finally, keep in mind that successfully challenging the refusal charge doesn’t mean you are clear of a DUI or other offenses. The prosecutor may drop the refusal but successfully convict you of DUI, affecting your freedom, finances, and future.

Contact our DUI Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500