Will my license be suspended for refusing a breath test?

I got pulled over for a DUI on August 15th. I knew my rights and knew that I did not have to take the breathalyzer test on the road. They took me to the station and gave me a blood test. Is it true that they can automatically suspend my license for refusing the breath test?

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Law Office of Joe Dane | Joe Dane
Orange, CA

The suspension for a refusal only comes into play if you refuse the "official" blood alcohol test. Many people don't realize that both the roadside breath test and field sobriety tests are voluntary. California law is that you are only required to submit to a chemical test to determine your blood alcohol level if you are arrested for DUI. The field breathalyzer is a tool they use in determining whether or not you are DUI, but it is not the "official" test. Even if you submit to that test voluntarily, you would still be required to submit to an official test upon arrest.

Answer Applies to: California
Replied: 9/3/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of James C. Bechler, A.P.C.

Refusal to take a alcohol test can result in a 1 year suspension of your drivers license.

Answer Applies to: California
Replied: 9/5/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Eric Sterkenburg

When you signed for your license on the official papers was a consent to submit to a DUI test if asked to do so by an officer if he has probable cause to think you are under the influence. Not doing so will get your license suspended for a year. Contact me to help with your options.

Answer Applies to: California
Replied: 9/4/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Lindsey McGregor

Your license will not automatically be suspended for the refusal. The on-scene breath test is just another field sobriety test. Your license can be suspended if you refuse the chemical breath test or blood test. You agreed to the blood test, so there was no refusal.

Answer Applies to: California
Replied: 9/3/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Denis White

It does not sound like your California Drivers License will be suspended. DMV can only suspend your license for refusing the roadside breath test if you are under 21 or are on probation for a DUI type offense. There is one exception to this rule. In some counties an evidentiary breath test device is used in the field.

Answer Applies to: California
Replied: 9/2/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Nelson & Lawless

If they charge you with refusal, you automatically lose your license. If they allowed you to choose the blood test, you will not. Your counsel will know how and what to do to best represent you, using whatever credible facts and evidence you may have for motions and defenses at trial, if necessary. Most cases are “plea bargained” to avoid the risk of loss at trial and mandatory sentencing to the full term provided in the law upon conviction. The attorneys job is to get a good “deal” you can live with, or prepare for trial. If serious about doing this right, feel free to contact me.

Answer Applies to: California
Replied: 9/2/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.