California · DUI · Checked October 2026

Refusing a Breath or Blood Test in California

Refusing a Breath or Blood Test in California: What Are the Rules?

What happens if you refuse a breath or blood test in California.

Refusal penalty
Suspension for 1 year on a first refusal; revocation for 2 years with one prior within 10 years; revocation for 3 years with two or more priors within 10 years. Refusal is also a special sentencing factor in the criminal case
License suspension for refusing
1 year (first); 2-year revocation (one prior within 10 years); 3-year revocation (two or more priors within 10 years)
Deadline to challenge
10 days

Researched and checked by the ·

Refusal Penalties in California

Suspension for 1 year on a first refusal; revocation for 2 years with one prior within 10 years; revocation for 3 years with two or more priors within 10 years. Refusal is also a special sentencing factor in the criminal case.Cal. Veh. Code §§ 13353, 23578

Official source: refusal penalties (California)

License Suspension for Refusing in California

1 year (first); 2-year revocation (one prior within 10 years); 3-year revocation (two or more priors within 10 years)Cal. Veh. Code §§ 13558(b), 13353

Official source: license suspension for refusing (California)

More on DUI Law in California

See the full overview of DUI laws in California and read about implied consent laws in every state.

This page summarizes California law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in California can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in California?

Suspension for 1 year on a first refusal; revocation for 2 years with one prior within 10 years; revocation for 3 years with two or more priors within 10 years. Refusal is also a special sentencing factor in the criminal case.

How Long Is the Suspension for Refusing?

1 year (first); 2-year revocation (one prior within 10 years); 3-year revocation (two or more priors within 10 years)

Sources

  1. Implied consent: Cal. Veh. Code §§ 13353, 23578
  2. License suspension and hearing: Cal. Veh. Code §§ 13558(b), 13353

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.