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REFUSAL TO TAKE A PRELIMINARY ALCOHOL SCREENING TEST (FIELD SOBRIETY TEST)
§ 13353.1. Refusal to Submit to a Preliminary Alcohol Screening Test; Administrative Review.
(a) If you refuse to take a field sobriety test and the police officer signs a statement that says he or she had reasonable cause to believe you were driving under the influence, the DMV can do one of the following:
(1) Suspend your driver’s license for one year.
(2) Revoke your driver’s license for two years if you refused within 10 years of a previous DUI-type offense.
(3) Revoke your driver’s license for 3 years if you refused within 10 years of:
(i) 2 or more DUI-type offenses;
(ii) 2 or more suspensions or revocations under this section;
(iii) Any combination of above DUI-type offenses or suspensions and revocations.
(b) A police officer or DMV will give you written notice of the suspension or revocation. The suspension or revocation will be effective 30 days from when you are given notice.
(c) The DMV will conduct an administrative review of cases under this section.
(d) You may request an administrative hearing on the matter. The request will not stop the order for suspension or revocation.
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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