Drunk Driving Defense, DUI Arrest - FAQs

7. What would happen if I refused to take the chemical test?

There are several penalties when an individual refuses to take one of the chemical tests:

  • The suspect will receive a 1-year suspension of their license instead of the 4-month suspension. If it was the second offense within the last ten years, the license suspension will be 2-years. A work-restriction license option is available for those found guilty of driving under the influence, but that option will not be available if there was a refusal to take a chemical test.
  • There is a mandatory jail sentence if the chemical test refusal was written in the complaint against the individual.
  • The court and jury may see a refusal of a chemical test as a consciousness of guilt. Your defense could try other possibilities, such as a fear of needles or inability to register on the breathalyzer.

You can refuse to take the chemical test, but you must be aware of the heightened penalties you may receive for doing so.

7 of 20« Previous | Index | Next »

Back to Top

Offices Located In


  • Rancho Cucamonga 8608 Utica Avenue, Suite 220, Rancho Cucamonga, CA 91730 909.689.4515
  • Huntington Beach 16152 Beach Blvd, Suite 280, Huntington Beach, CA 92647 562.989.4774
  • Irvine 19800 Macarthur Boulevard #300, Irvine, CA 92612 949.752.1550
  • Long Beach 3780 Kilroy Airport Way #200, Long Beach, CA 90806 562.989.4774
  • Riverside 7121 Magnolia Avenue Suite H, Riverside, CA 92504 951.369.4999
  • Orange 1045 West Katella Avenue #350, Orange, CA 92867 714.716.2589
  • Torrance 21515 Hawthorne Boulevard Suite 200, Torrance, CA 90503 424.271.0490
  • Beverly Hills 468 N. Camden Drive, Second Floor, La Colonade Building, Beverly Hills, CA 90210 310.746.1960

Call or email the Firm’s founder, Lawrence Taylor, or our Managing Attorney, Chris Taylor, for a free consultation.