If you’re pulled over for driving under the influence (DUI), it’s imperative that you understand your rights before you’re face-to-face with law enforcement. This includes knowing answers to questions like, Can you refuse a breathalyzer in California?
By understanding your legal options in the wake of an arrest, you can protect yourself and avoid making the situation any worse. A DUI case can be overwhelming, but every bit of information on your side can help.
DUI in California
DUI is prosecuted seriously under California law. The act poses serious risks for the impaired driver and anyone who crosses their path, not to mention the potential for significant property damage. In 2024 alone, 11,904 people across the nation died in preventable alcohol-related traffic accidents. The five counties in California with the most alcohol-related fatality cases are:
- Los Angeles County
- Riverside County
- San Bernardino County
- San Diego County
- Orange County
A DUI arrest will likely be overwhelming and chaotic. It’s helpful to hire a DUI lawyer who has experience navigating cases like yours. Your legal team can help you understand California DUI penalties based on the facts of your case and other important factors like your criminal history.
Can You Refuse a Breathalyzer in California? Understanding CA DUI Laws
If you’re arrested for DUI and asked to submit to a blood or breath test, you generally cannot refuse to take the test without legal repercussions. Every driver in California agrees to the state’s implied consent laws when they receive their driver’s license. This means that you must submit to chemical testing when prompted by law enforcement.
However, you can refuse a Preliminary Alcohol Screening (PAS) breathalyzer prior to your arrest as long as you’re not a minor. It also may be possible to request an alternative chemical test in lieu of a breathalyzer, such as a blood test, depending on the details of the case. Urine tests may also be offered, but typically only if the other two testing methods are unavailable.
It’s wise to contact a DUI attorney as soon as possible to help you navigate a DUI arrest without further implicating yourself.
Hire a DUI Lawyer to Discuss Your Options in a California DUI Case
Kolacia Law Firm is proud to represent Californians facing DUI charges. We’re proud to be a BBB-accredited and A+ rated business that has earned the trust and respect of our clients. Our firm currently has a 5.0 rating on Google.*
Attorney Daniel Kolacia brings experience as a former District Attorney to the table, giving us a well-rounded idea of how these types of cases work from both sides of the aisle. He founded the Vehicular Homicide Unit, still trains law enforcement on DUI, and has more than 20 years of criminal law experience.
Contact Kolacia Law Firm
If you’re ready to talk to an attorney you can trust, we’re the team to call. Reach out to set up an appointment with a member of our team and discuss your case in more detail. Our office is conveniently located near I-10 and I-15 in Southern California.
*Reviews from past clients and industry accolades do not guarantee future case results. Criteria for awards differ by organization.
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