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What happens if I refuse a breathalyzer in California?

I heard mixed things about if you can refuse the breathalyzer or not. I also had a friend have a beer and drive an hour after and get pulled over and he did the test cause he wasn't drunk. But the cop said he blew .09 so arrested him for DUI. I don't think that legit and don't want it to happen to me but can anything bad happen if I refuse the test?


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    Steven Alpers | Steven Alpers
    39300 Civic Center Drive #110
    Fremont, CA 94538
    (510) 792-5110
    Yes.? You can have your license taken for a year on a first time offense and the DA can argue to the jury that you refused the test because you knew you were under the influence.? That would be?circumstantial evidence against you.
    Answer Applies to: California - Replied: 2/6/2013
    Peter Goldscheider | Law Office of Peter F. Goldscheider
    438 Cambridge Ave. Suite 250
    Palo Alto, CA 94306
    (650) 323-8296
    If you drive a motor vehicle the implied consent law says you are deemed to have consented to take an alcohol test if the police have lawfully arrested you on probable cause and believe that you are under the influence or your level is .08 or above. This does not apply to the PAS (preliminary alcohol screening test) given by officer in the field only to the test at the jail or other facility to which you are taken after being arrested.
    Answer Applies to: California - Replied: 1/30/2013
    Hudson Bair | Hudson Bair
    1440 Broadway, Ste. 902
    Oakland, CA 94612
    (510) 645-0027
    California is an implied consent state which means that in order to receive a drivers license you are consenting a test of your blood or breath if arrested for suspicion of driving under the influence. Failure to provide a sample of your blood or breath may result in the loss of your driver's license or privilege to drive in California for a year, or more. You should definitely consult with an attorney regarding the facts of your case, possible defenses and likely outcomes.
    Answer Applies to: California - Replied: 1/28/2013
    Terry Nelson | Nelson & Lawless
    2134 Main St., #130
    Huntington Beach, CA 92648
    (714) 960-7584
    No mystery there. Refuse the test and lose your driver's license for a year, automatically, no appeal. You also PO the police and prosecutor with your attitude / stupidity, and thus suffer in plea bargaining.
    Answer Applies to: California - Replied: 1/28/2013
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