If you have been pulled over on suspicions of DUI, the officer will ask you to take one of two breathalyzer tests. The first test is the Preliminary Alcohol Screen (PAS) breathalyzer, which is used prior to arrest to determine the amount of alcohol in your body. If you are 21 years or older, decline to take the PAS breath test because it may be used as evidence against you. If you are under 21 years of age, you must agree to take the PAS test or suffer the loss of your license for up to one year.
If you have been arrested, you are required under California’s implied consent law to take a second breathalyzer (or blood or urine) test. In California, the penalty for refusing a post-arrest breathalyzer test begins with a one-year suspension of your license. The penalties get more severe for each subsequent refusal.
