Can I refuse a breathalyzer in California during a DUI stop? Here’s what the law says

Breathalyzers — shaped like old-fashioned phones with disposable tubes on the end — are commonly used by police at traffic stops to determine if someone is driving while intoxicated.

According to the California Department of Motor Vehicles, it is illegal to drive under the influence of drugs or alcohol including recreational and medicinal cannabis as well as prescription and over-the-counter medication.

Spokesman Ronald Ongtoaboc with the California Department of Motor Vehicles said first time violators forfeit their driving privileges for one year. In an emailed statement to The Bee, he said a second offense within 10 years would result in a two-year suspension.

If you’re convicted of driving under the influence three times in a decade, your driver’s license will be revoked for three years.

Can I refuse a breathalyzer test in California?

According to California Vehicle Code 23612, drivers consent to breath, blood and urine tests when they get behind the wheel in California.

If you are stopped by an officer on suspicion of driving while under the influence and agree to a roadside test, it will help determine if you’re intoxicated. According to the California DMV, blood or urine tests may follow to screen for drugs.

According to the vehicle code, you have the right to refuse the preliminary screening but you cannot refuse tests after an arrest without facing penalties.

There are a few exceptions to the rule.

According to the California DMV, you can be arrested for a DUI without a test, depending on how intoxicated you appear to the officer. People under 21 as well as those on DUI probation do not have the right to refuse a preliminary screening, Ongtoaboc said.

I was arrested for a DUI in California. What happens next?

According to the vehicle code, the California DMV will confiscate your driving privileges if you refuse or fail the screening tests.

The arresting officer will take your driver’s license and give you a temporary one for 30 days. You have the right to request an administrative hearing within 10 days of your arrest.

Once convicted of a DUI, the next steps are mandatory, according to the California DMV:

• Finish a DUI course

• File a California Insurance Proof Certificate (SR 22/SR 1P)

• Pay fees

You may be imprisoned for up to six months and required to pay additional fines. Your car may also be locked or impounded.

According to California Penal Code 191.5, you could face vehicular manslaughter charges if you kill someone while driving intoxicated. If you seriously hurt or killed someone, you could also face a civil lawsuit, according to the California DMV.

DUI convictions remain on your record for 10 years.

What is the legal drinking limit in California?

Law enforcement conducts routine checkpoints across California in locations based on previous DUI arrests and crashes. Sometimes, California Highway Patrol will station in undisclosed areas to catch violators.

It’s illegal to operate a vehicle if you’re over 21 with a blood alcohol concentration of 0.08%, according to the California DMV.

What does that feel like behind the wheel?

According to the National Highway Traffic Safety Administration, the rate at which you process information is reduced. You are also likely to quickly forget information and not be able to focus on the road in front of you.

“Even if your BAC is below legal limits, that does not mean it is safe for you to drive,” the California DMV wrote on its website. “Almost everyone feels negative effects of alcohol, even at levels lower than the legal limit.”

Here are the other alcohol limits, according to the agency:

• Under 21 - 0.01%

• On DUI probation - 0.01%

• Those who drive a large vehicle that requires a commercial license - 0.04%

• Those who drive passengers for money - 0.04%

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