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PUNISHMENT FOR REFUSING TO TAKE A BLOOD ALCOHOL TEST
§ 13353. Sanctions for failure or refusal to take a blood alcohol test.
(a) If a police officer signs a statement that he or she had reasonable cause to believe you were driving under the influence and you refused or failed to submit to an alcohol blood test, the DMV will do one of the following:
(1) Suspend your driver’s license for one year.
(2) Revoke your driver’s license for two years if your refusal was within ten years of a previous DUI or other specified offense.
(3) Revoke your driver’s license for three years if your refusal was within ten years of any of the following:
(i) Two or more specified DUI-type offenses;
(ii) Two or more suspensions or revocations of your driver’s license;
(iii) Any combination of two or more of the above convictions or suspensions/revocations.
The suspension or revocation will be effective 30 days after you are given written notice of the suspension or revocation.
(b) If you refuse or fail to complete a blood alcohol test on more than one occasion for separate incidents, the DMV can revoke your license to drive a commercial vehicle for the rest of your life.
(c) A police officer or the DMV will give you written notice of a driver’s license suspension or revocation.
(d) There is DMV administrative review of each case under this section.
(e) You can request an administrative hearing on matters under this section. The hearing will not keep the suspension or revocation order from happening.
(f) A suspension or revocation under this section can run the same time as a suspension or revocation from another code section.
Do Not Rely on This Statutory Interpretation. It is for Guidance Only! Make sure you consult the actual California Vehicle Code for the most accurate and current statement of the law.
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