Alcohol and drugs
A law enforcement officer suspects you of driving under the influence and asks you to take a breath, blood, or urine test. What happens if you refuse?
- DMV will suspend or revoke your driving privilege for one year. Correct answer
- Nothing; you have the right to refuse without penalty.
- You receive a warning, and the officer must let you go.
Why
By driving in California you have already consented to a breath, blood or urine test when an officer suspects DUI. Refusing is not a free choice: DMV suspends or revokes your driving privilege for one year, independently of whatever the court decides about the DUI itself. Even if you agreed to a preliminary breath screening, a blood or urine test for drugs can still be demanded of you. If you are arrested for DUI, the Administrative Per Se law requires DMV to suspend your license, the officer may take your license and give you a 30-day temporary one, and you have 10 days from the arrest to request a DMV hearing.
Where this comes from
California Driver's Handbook, DL 600 ENGLISH (REV. 6/2025). The correct answer is DMV will suspend or revoke your driving privilege for one year..