Law Office of Daniel Jensen, P.C.

Serving San Jose & Santa Clara County

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Is there any penalty for refusing a breathalyzer test after a DUI stop?

Yes. Under the legal concept known as “implied consent,” drivers on California’s roads are presumed to have provided their consent to chemical testing, including breathalyzer testing, for alcohol intoxication when using public roadways. While it is still possible to refuse to take a breathalyzer test, individuals who do so will likely be subject to a range of penalties, including license suspension and fines.

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