Breath Test Refusal in San Diego, CA

Don't wait to talk to a DUI defense lawyer!

Under California's "implied consent" laws, if you are suspected of driving under the influence (DUI) and you refuse to submit to a breath test, you may be facing serious penalties in addition to suspension of your driver's license. Since implied consent can be confusing, having a skilled, knowledgeable attorney to represent you will be essential to your defense. The court is against you, and you need dedicated defense with proven results- you need Attorney Mark R. De Yoe.


Contact our San Diego DUI lawyer today to discuss your legal options!


What is implied consent?

When you sign the back of your California driver’s license, you agree to abide by the rules and regulations of the road. One of these unseen rules is the implied consent law. Implied consent means that any driver who is arrested for being under the influence of alcohol or drugs while driving must submit to a chemical test to determine their BAC. If you refuse to submit to a blood alcohol content test, then you may still face consequences even if there is no solid evidence of your BAC.

Refusal to submit to testing can be deemed by the court as a "consciousness of guilt" and penalties may be imposed including:

  • Driver's license suspension without possibility of restricted license for work or school
  • Alcohol classes
  • Additional jail time
  • Counseling

If you have refused breath testing you will need an experienced litigator to assist you. With increased penalties, San Diego courts will not take your alleged refusal lightly. Attorney Mark R. De Yoe, with over 30 years of experience with DUI cases, can get you the results you need. Don’t wait to schedule your free case evaluation and let us help you right away!

Are all BAC tests mandatory?

BAC evidence can be some of the most compelling evidence against you that the prosecution has. It is important to limit what the court has that can negatively impact your case. There are two tests that officers will request that you submit to when determining your BAC level.

The preliminary breath test occurs on the side of the road before you have been arrested. While police will often frame this test as mandatory, you do not need to take a preliminary breath test.

The DUI test that matters occurs after you have been arrested. You must submit to this test in order to keep your driver’s license and prevent the additional penalties from breaking California’s implied consent law.

Get Help from Our Experienced DUI Law Firm

Attorney Mark R. De. Yoe, APLC has been helping people in the San Diego area change their lives for the better through proven, insightful DUI defense for over 28 years. The firm is dedicated to the overall welfare of each and every individual they represent in all areas of DUI defense including DUI arrests, license restoration, breath and blood tests and refusal of breath test.

Attorney De Yoe has litigated over 1,000 DUI cases delivering in his commitment to helping his clients realize the best results possible for their cases. Contact our firm today to schedule your free case evaluation.