Why Drivers Face Penalties for Refusing Breath Tests

In California, when a driver is arrested for DUI and refuses a breath test or blood test, he or she may face driver's license suspension by the Department of Motor Vehicles (DMV). Why is this the case?

Under what is commonly referred to as "Implied Consent," drivers are considered to have given their consent to chemical testing if they are lawfully arrested for driving under the influence of alcohol or drugs. When they sign for their license, there is a clause that states that they give permission to a test to determine their blood alcohol concentration. Refusing a test will therefore initiate administrative license suspension proceedings by the DMV.

Fortunately, a driver who has been arrested for DUI and is facing license suspension for allegedly refusing a breath or blood test may be able to request a DMV hearing to challenge the suspension. This is one of many areas in which a Los Angeles DUI lawyer at Floyd, Skeren & Kelly, LLP can offer assistance; we welcome you to contact our offices to learn more about how we can help you.