Skip to main content

Does refusing to take a sobriety test, breathalyzer test and blood test show up on the ticket or police report?

Indio, CA |

I'm wondering if all three test are refused how would you know the police officer reported it

Attorney Answers 4

  1. Normally, you would have been arrested at the time. It is possible that they could charge you later. Your licence may be in jeopardy also. You might contact a local lawyer to see what is normal in your jurisdiction.

  2. An easy way to know is, were you arrested and was your license confiscated. If you answer "yes" to either, or both questions you are likely to be charged with a "refusal." The ticket will usually cite Vehicle Code section 23152(a) which is DUI but not 23512(b) which is .08 or above, I have never seen the refusal charge written on the citation/ticket, but if it will be alleged in court it will definitely be in the police report. A refusal carries with it much stiffer penalties than a regular chemical test DUI, you should contact a DUI defense attorney in your area as soon as possible. You have 10 days from the date you were arrested to protect your license and potentially avoid losing your license for a year...or more.

  3. If you were arrested it will show on the police report. If the chp contacted you they will have a tape. You will also be fighting a refusal of the chemical test at the dmv. You ate subject to a1 year license suspension and additional charges in court. Get a good attorney

  4. The most important one is a refusal to submit to a chemical test whether it is a Breathalyzer or blood test. If an individual was arrested for a DUI and his or her license was taken away and that individual was served a pink temporary license (DS-367), one quick way is to see of the "chemical test refusal" or "forced blood draw" box is checked. The police report should indicate whether an individual completed or refused to submit themselves to standardized field sobriety tests and a preliminary alcohol screening test. It should also indicate whether the individual submitted to or refused a chemical breath or blood test.

DUI topics

Top tips from attorneys

What others are asking

An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics