The ‘Implied Consent’ Law in California: What It Means for Your DUI Case

A traffic stop near the Redlands Bowl or along the I-10 freeway can turn into a nightmare in seconds. If an officer arrests you for a DUI, they will eventually ask you to take a chemical test. Most people think they have the right to say no without any immediate fallout. But in California, the law disagrees. The moment you received your driver’s license, you essentially signed a contract with the state. This contract is the “Implied Consent” law. Understanding California’s Implied Consent law and what it means for your DUI case is the first step in fighting back against the system. We have spent years winning cases where the police claimed our clients refused to cooperate. We know how to dismantle their arguments in a San Bernardino courtroom.

What is California’s Implied Consent Law?

California Vehicle Code Section 23612 contains the Implied Consent law. It states that any person who drives a motor vehicle has already given their consent to chemical testing of their blood or breath if police lawfully arrest them for a DUI. This law applies to every driver on California roads. It does not matter if you live in Redlands or are just passing through from another state.

Consent is not something you give at the side of the road. You gave it when you decided to use a public highway. This means that if you are under lawful arrest, the police do not need your permission to require a test. They already have it by law. If you refuse to take that test, the state hits you with penalties that can be more severe than the DUI conviction itself. We see many people get caught in this trap. They do not realize the “right to remain silent” does not apply to giving a breath or blood sample.

Breath vs. Blood Tests: Do You Have a Choice?

Once you are under arrest, the officer must give you a choice between a breath test and a blood test. If you choose a breath test, you use a machine at the police station or jail. This machine provides an immediate reading. If you choose a blood test, a medical professional must draw your blood. Those results take weeks to process.

There is one major exception to this choice. If the officer has reasonable cause to believe you are under the influence of drugs, or a combination of drugs and alcohol, they can require a blood test under Vehicle Code Section 23612(a)(2)(C). You cannot simply insist on a breath test to hide drug use.

We often find that officers fail to properly explain these choices. If the police bullied you into a specific test or did not tell you that you had a choice, we use that failure to challenge the evidence. Our extensive experience in DUI defense enables us to spot procedural errors that other lawyers might miss.

The Preliminary Alcohol Screening (PAS) Test: To Blow or Not to Blow?

Confusion often starts at the roadside. Before an arrest, an officer might ask you to blow into a small handheld device. This is the Preliminary Alcohol Screening (PAS) test. For most drivers over 21, the PAS test is completely voluntary. You can say no to this roadside breathalyzer. The law cannot penalize you for it.

The officer might not tell you it is optional. They often use the PAS test to build the “probable cause” they need to arrest you. But the Implied Consent law only kicks in after a lawful arrest occurs. If you are under 21 or already on DUI probation, the rules are different. In those cases, you must take the PAS test.

Distinguishing between a pre-arrest PAS test and a post-arrest evidentiary test is vital. We have won many cases by proving that our clients were confused by the officer’s instructions. If the police made it sound like the voluntary roadside test was mandatory, they likely violated your rights.

Penalties for Refusing a Chemical Test in 2026

The consequences for refusing a chemical test are automatic and harsh. These penalties are managed by the Department of Motor Vehicles (DMV) under Vehicle Code Section 13353.

For a first-time DUI arrest, a refusal leads to a mandatory one-year suspension of your driver’s license. Unlike a standard DUI suspension, you generally cannot get a restricted license for work or school during this year. If you have a prior DUI conviction or a prior refusal within the last 10 years, a new refusal triggers a two-year revocation. A third offense leads to a three-year revocation.

In the criminal court, a refusal also acts as an “enhancement.” If a jury convicts you of a DUI, the judge must add extra jail time because you refused the test. For a first offense, this usually means an additional 48 hours in the San Bernardino County jail. Perhaps even worse, the prosecutor will argue to the jury that you refused the test because you knew you were guilty. This “consciousness of guilt” argument is a powerful tool for the state. We know how to fight it by explaining the legitimate reasons someone might be hesitant to give blood or breath to the police.

The 10-Day DMV Rule: Protecting Your License

When police arrest you for a DUI in Redlands, the officer will likely take your physical driver’s license. They give you a pink piece of paper in its place. This is your temporary license and your notice of suspension. You have exactly 10 days from the date of your arrest to contact the DMV and request a hearing.

If you miss this 10-day window, your license will be suspended automatically. For a refusal case, the DMV hearing is your only chance to stop the one-year suspension. 

At this hearing, the DMV must prove three things:

1. The officer had reasonable cause to believe you were driving under the influence
2. You were placed under a lawful arrest
3. You were properly told that your license would be suspended if you refused, and you still refused

We handle these hearings for our clients. We cross-examine the officers and challenge their sworn statements. If the officer didn’t follow the exact warnings required by law, we can often win the hearing and save your license.

Challenging the Refusal Allegation

The police often claim a driver refused when the reality is much more complicated. A refusal is not always a flat “no.” If you were too injured from a crash on Orange Street to blow into the machine, that is not a legal refusal. If the officer was impatient and didn’t give you enough time to breathe into the device, that is not a refusal.

We also look at medical conditions. Conditions like asthma or COPD can make it physically impossible to provide a deep lung air sample. If you tried to blow but the machine didn’t register a result, the police shouldn’t label that a refusal. We present medical evidence and expert testimony to prove that our clients were physically unable to complete the test. We have dismantled refusal cases by showing the police failed to offer a blood test after the breath test failed.

Navigating the San Bernardino County Court System

DUI cases in Redlands are typically heard in the San Bernardino Superior Court. This is a tough jurisdiction. The prosecutors in San Bernardino are aggressive, especially when a refusal is involved. They see a refusal as a personal challenge to their authority.

We do not back down in these courtrooms. We know the judges and how the local prosecutors operate. We use the discovery process to get the body-worn camera footage of the entire interaction. Often, the video shows a much different story than the officer’s written report. If the video shows you were polite, cooperative, and simply confused by the legal jargon, we can often negotiate a better outcome or beat the refusal enhancement at trial.

New 2026 Ignition Interlock Device (IID) Extensions

Drivers should be aware that Assembly Bill 366 has extended several critical DUI pilot programs through January 1, 2033. This includes mandatory Ignition Interlock Device requirements for many offenders. While a refusal traditionally blocks you from getting a restricted license for one year, we stay current on every legislative update. This ensures we can fight for every possible exception or new program that might keep you on the road. Being more educated than the prosecution on these new 2026 laws is how we win.

Start Your Defense with Patrick Silva, Attorneys at Law

A DUI arrest is an attack on your freedom and your reputation. The Implied Consent law is designed to give the police the upper hand, but it is not invincible. We have been winning DUI cases for years because we are more educated in the science and the law than most of the people trying to prosecute you. We are reputable, trustworthy, and know how to win.

Do not let the state take your license for a year without a fight. The 10-day clock is already running. We offer free consultations to anyone facing a DUI or a refusal allegation in Redlands and the surrounding areas. We will look at your case, explain your rights, and build a strategy to win. Call Patrick Silva, Attorneys at Law, at 909-500-4819 today.