One of the more common questions folks who are curious about DUIs ask is whether to take a breath or blood test, or whether to refuse testing. The answer is different for different situations, but one answer is easy: do not refuse the “chemical test” of breath or blood unless you do not care about having a driver’s license.

California law states that a driver has agreed to both agree to and submit to a “chemical test” after an arrest for DUI. The phrase “chemical test” can be misleading - it simply refers to a blood or breath test following arrest. They will not be putting chemicals in you, and at least here in Santa Cruz, the blood test is typically done at a hospital. There is a pre-arrest breath test called a PAS (preliminary alcohol screening test) that you can, by law, refuse - and the officer is bound to tell you that. After arrest, though - even an arrest that seems unlawful, off base, or just plain wrong - a refusal to take the “chemical test” will likely lead to a driver’s license suspension of at least one year. That is zero driving and zero sympathy, with your license gone for a year, no matter your need to drive.

Moreover, what the DMV can deem a refusal to take a chemical test is often ludicrous. Silence can be seen as a refusal, even with no physical resistance. If you politely state “Please just note that I object” – the DMV will call that a refusal. Saying “I will take a test if you get a warrant” is refusal as far as the DMV is concerned.