What happens if I am charged with a DUI and I refuse a breathalyzer test?

If you are charged with driving under the influence (DUI) of alcohol in California and you refuse to take a breathalyzer test, you can face serious consequences. California has what is known as an “implied consent law,” which means that if you are lawfully arrested for suspicion of DUI, you must take a chemical test such as a breathalyzer to determine your blood alcohol content (BAC). Refusing to take a breathalyzer test is considered a violation of the implied consent law, and it can result in automatic penalties. The immediate consequences of refusing a breathalyzer test include a one-year driver’s license suspension, as well as having to pay a $125 fee to the DMV to have your license reinstated after the suspension. You may also face fines and increased insurance rates. The prosecution can also use your refusal as evidence of guilt in court. If you are ultimately convicted of a DUI, the consequences may include jail or prison time, probation, and attending alcohol education classes. You can also expect to pay hundreds or thousands of dollars in fines. Additionally, your license may be revoked for up to 10 years. These stiff penalties make it important to talk to a qualified DUI attorney if you are charged with driving under the influence. A knowledgeable attorney should be able to help you navigate the legal proceedings and may be able to help you avoid some of the more serious consequences.

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