Can I Lose My License If I Refuse an Alcohol Test?

 Posted on June 02, 2015 in Criminal Defense

Refusal of an alcohol test comes with a string of penalties attached. In fact, this is one of the reasons why attorneys typically do not advise refusing an alcohol test. The law in California specifically requires all motorists to submit to an alcohol test, if they are asked to submit to a chemical test by an officer.

If you refuse to take the chemical test, then you may have a number of penalties that apply to you. One of those penalties is related to the suspension of your driving license. There are a number of different types of penalties involving suspension of the license. For example, if you were above the age of 21 at the time of the arrest, then your refusal could possibly result in a suspension of the license for a year if it was a first offense. If it was a second offense within 10 years after the first offense, then you could lose your license for two years. A third or subsequent offense will result in a revocation of the license for a period of 3 years.

If you were below the age of 21 at the time of the refusal, then you will lose your license for a period of one year for the first offense, and two years for a second offense. A third offense within a period of 10 years will mean that you lose your license for three years.

Refusing an alcohol test may not only mean that you're subject to penalties, but can also look bad to a court which could take your refusal to take a test to mean that you were guilty of driving under the influence of alcohol.