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Refusing DUI Tests in Fresno

DUI & California Policy

If you are suspected of Driving Under the Influence (DUI) in Fresno, you will likely be stopped by law enforcement and asked to participate in a variety of tests in order for the officer to determine whether you are under the influence of alcohol.

Keep in mind that California law states that an individual can be arrested and charged with DUI if the driver is operating a motor vehicle with a Blood Alcohol Concentration (BAC) of .08% or greater.

California's Implied Consent Law

Under state law, if you are stopped for DUI, you are required to participate in field sobriety tests and/or chemical testing because of California's implied consent law. Under this law, a driver in California has already given her implied consent to participate in any of these tests by utilizing California roadways and possessing a California driver's license.

Chemical Testing in Fresno, Madera, Kings, Merced, and Tulare County

The chemical test should be taken at the time of your arrest and the officer should give you the option of choosing to participate in either the breath test or the blood test. You may also be asked to give the officer a preliminary breath sample, in addition to the other chemical test. Keep in mind, that the preliminary test is NOT REQUIRED and although the officer will tell you that it's just another field sobriety test, they will try to use it against you in court. However, ONCE YOU ARE ARRESTED, if you don't give a breath or blood sample, it will have severe consequences on your license.

These chemical tests will evaluate either your breath or blood (depending on the test) and will allow the officer to determine the level of alcohol in your system at the time of the traffic stop. This level is your BAC and if it is found to be .08% or higher, you will likely be arrested and charged with DUI in Fresno.

CA Penalties Associated with Refusing a Test

When you refuse to take one or more of these tests, you will likely face consequences. The penalties associated with refusal vary depending on whether the individual has refused the test before:Refusal w/ no priors:

  • One-year suspension of your driver's license;
  • Refusal w/ one prior DUI: Two-year suspension of your driver's license; and
  • Refusal w/ two prior DUI's: Three-year suspension of your driver's license.

Do You Need a DUI Attorney? Yes you do!

There are specific issues and consequences relating to a refusal. If you have been arrested for DUI in Fresno, and you have refused the chemical tests, you will need an experienced DUI attorney to help guide you through your legal matters.

What Happens Now?

Roadside arrest

It’s a frightening situation. You are arrested for DUI after submitting to a breathalyzer and participating in a couple of field sobriety tests. The officer confiscated your driver’s license and provided you with a temporary license. You were given a notice to appear in court in a few weeks. Now what? Fresno DUI attorney, Terry A. Wapner, can help you make sense of this situation, guide you through the process, and might be able to provide the defense that results in finding you Not Guilty!

Myths & Truths About DUI Charges


Myth: “There is nothing that a Fresno DUI defense lawyer can do.” Truth: Absolutely not true. Over the past 7-10 years, the conviction rate in California for DUI's is only around 70 percent. That means that 30 percent of the charges are being reduced to charges that are less than a DUI charge or not guilty verdicts are being returned. I have the ability and have won Fresno DUI cases. Do not give in to despair and believe that you are destined to lose. Entering a guilty plea to a DUI charge when the evidence against you can be challenged may result in an expensive mistake that could haunt you in the long run.