Alcohol & Drugs: DUI, DWI What if I don't agree to a breathalyzer?

[takeitaway]

I was on the highway in California and was stopped for speeding by the police. It made me very worried about what happened to me in another state when I was stopped and suspect of a DUI. There was no DUI. I moved to Cali and don't know the law here. Can I refuse to take a breathalyzer test in California? What should I know about my rights about what I can refuse if I am at a DUI stop or DUI check point?

 

[mightymoose]

You can refuse, but doing so could result in suspension of your license. Even if sober, refusal of the breath test can result in negative action from the dmv.
If you refuse you may be asked to provide a blood sample, which you can also refuse.
If you refuse the police may obtain a warrant which authorizes a forced blood draw.

 

[CdwJava]

I was on the highway in California and was stopped for speeding by the police. It made me very worried about what happened to me in another state when I was stopped and suspect of a DUI. There was no DUI. I moved to Cali and don't know the law here. Can I refuse to take a breathalyzer test in California? What should I know about my rights about what I can refuse if I am at a DUI stop or DUI check point?

You can refuse to take the PBT (a handheld screening device) in the field when offered as part of the field sobriety tests, but you cannot legally refuse to take a chemical test after you are arrested. A refusal can result in a license suspension for up to 12 months even if you are not later charged with DUI. If you refuse, they can also take you to a hospital for a compelled blood draw ... provided you agree to that.

However, due to a recent USSC ruling in April, and a peculiarity under CA state law, the police here CANNOT seek a search warrant for your blood as there is no provision under state law permitting it for misdemeanor non-theft offenses ... yet. The legislature is supposedly working on a fix, but it hasn't happened yet, and it's been nearly 6 months since that ruling chopped us off at the knees.

Also, if you are under 21 or on probation with test conditions, then you cannot refuse even the field breath test if the officers have any reason to make you blow (or NO reason if on probation).

 

[CdwJava]

Additional ... just got notified today that SB 717 was signed on September 20th that modified CA PC 1524 to allow for the issuing of a search warrant for compelled blood draws. So, it seems that we can now obtain these warrants for compelled blood draws for DUI. (This leaves compelled blood for drug arrests still in limbo.)