Attorney Kirk Tarman Explains Why You May Want To Refuse Those Field Sobriety Tests In A DUI Arrest
In California, refusing field sobriety tests before arrest does not automatically cost you your license—the cutoff is the arrest itself. After a lawful DUI arrest, implied consent under Vehicle Code 23612 requires an evidentiary breath or blood test, and refusing that one risks a license suspension starting at one year.
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Answered by Kirk Tarman · San Bernardino County, CA
Highlights
Frequently Asked Questions
Does refusing field sobriety tests cost you your license?
Not by itself. Refusing field sobriety tests before arrest does not automatically cost you your license—the cutoff is the arrest itself, not the roadside tests.
What happens if you refuse the test after arrest?
After a lawful DUI arrest, implied consent under Vehicle Code 23612 requires an evidentiary breath or blood test, and refusing that one risks a license suspension starting at one year.
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