Can I be convicted of a DWI if I refuse to take a Breathalyzer or other chemical test?

Yes, it is possible to be convicted of a DWI even if you refuse to take a Breathalyzer or other chemical test in California. Under California’s “implied consent” law, it is illegal for anyone who is 21 or older to drive with a blood alcohol concentration (BAC) of .08 percent or higher. This law also states that if you are arrested on suspicion of driving under the influence (DUI), you are effectively giving your consent to chemical testing to determine the level of alcohol or drug usage in your system. But, if you refuse to cooperate with the chemical testing, it can still result in serious legal consequences. In California, if you are arrested for a DWI and choose to refuse the test, you may receive a driver’s license suspension and a fine of around $125. You may also be charged with “refusal to submit to a chemical test,” which is a misdemeanor offense and can result in up to six months in jail and a fine of up to $1,000. In addition, there are certain aggravating circumstances that can cause a drunk driving conviction, even without a chemical test. These include field sobriety tests, the smell of alcohol on your breath and/or clothing, high quality observations by police officers, and/or any statements you make that provide police with evidence of your intoxication. Therefore, even if you refuse to take a Breathalyzer or other chemical test, you may still be convicted of a DWI in California. It is important to understand that a DUI conviction carries serious penalties that can have a long-term effect on your life, so if you are arrested for a DWI, it is important to contact an experienced DUI attorney to ensure the best outcome possible.

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Can I be convicted of a DWI if I refuse to take a Breathalyzer or other chemical test?

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