Seeing red and blue lights in your rearview mirror in Contra Costa County, then being told to blow into a device or do roadside exercises, can feel like everything hits you at once. Officers ask rapid questions, give quick instructions, and you may not be sure what you have to do versus what you can say no to. In that confusion, a simple hesitation or a request for a lawyer can suddenly be treated as refusing a sobriety test.
Later, when you are back home with a pink temporary license in your hand, the fear sets in. You start wondering if refusing a sobriety test helped you or made everything worse. You may have heard friends say refusing testing is the way to beat a DUI, yet the paperwork you just received talks about license suspension and a DMV hearing you only have days to request.
At The Blalock Law Firm, PC, we focus only on DUI defense in Contra Costa County and surrounding areas, and we regularly defend drivers accused of refusing sobriety tests. Attorney Blalock personally handles every court date and DMV hearing from start to finish, so we see how refusal allegations are treated in real Contra Costa cases, not just in theory. Below, we break down what refusal really means, how it affects your license and your DUI case, and what you can do right now to protect yourself.
What “Refusing Sobriety Test” Really Means in California
When officers or paperwork say you refused a sobriety test, that phrase can cover several very different things. At the roadside, officers usually ask you to perform field sobriety tests, such as standing on one leg or walking a straight line, and may offer a handheld breath test device. After a DUI arrest, at the station or hospital, they ask you to take a formal chemical breath or blood test. Each of these is treated differently under California law.
For most adults who are not on DUI probation and not under 21, field sobriety tests at the roadside are generally voluntary. The same is usually true for the preliminary alcohol screening test, which is the small handheld breath device officers carry in their vehicles. Officers often do not make that voluntary nature clear. Many drivers think they have no choice simply because an officer is giving instructions in a commanding tone.
Implied consent, which we will discuss in more detail in the next section, applies to chemical tests after a lawful DUI arrest. At that stage, the choice to refuse has very different consequences. Even then, refusal is not just saying the word no. DMV and courts often treat silence, repeated “I do not know,” delaying, trying to negotiate conditions, or not providing a usable sample as refusal. For example, someone who keeps putting very weak breaths into the machine, even if they say they are trying, may be written up as refusing.
In our DUI practice at The Blalock Law Firm, PC, we see many cases where what happened is more complicated than a simple “I refused.” Sometimes a driver asks, “Can I talk to a lawyer first?” and the officer records that as a refusal. Other times, the driver says they will do a blood test, but the officer stops the process early and still checks the refusal box. Part of our job is to compare what the officer wrote with what actually occurred, and to challenge whether there really was a valid refusal under the law.
How Implied Consent Works After a DUI Arrest in Contra Costa
Implied consent in California is a legal rule that applies after a lawful arrest for DUI. By choosing to drive on California roads, you are agreeing in advance that if you are lawfully arrested for DUI, you will submit to a chemical test of your breath or blood. This is separate from your rights about answering questions or performing roadside exercises, and it only comes into play once there has been an arrest.
After an arrest, officers in Contra Costa are supposed to give you an implied consent advisement. In plain language, that advisement should tell you that you are required to take a chemical test, that you can usually choose between breath and blood, and that if you refuse, your license will be suspended for a longer period and you may face additional penalties in court. The exact words the officer uses matter. A confusing or incomplete advisement can become a key issue in your defense.
In real cases, that advisement is often rushed or mumbled as the officer is juggling paperwork, booking, and transport. We regularly see drivers who were never clearly told they could choose between breath and blood, or who were not clearly warned that a refusal would trigger a separate DMV suspension. Some officers treat any question or hesitation as a refusal without restating the advisement. This matters because at a DMV hearing, one of the core issues is whether you were properly advised of the consequences of refusing.
When we take on a refusal case at The Blalock Law Firm, PC, we carefully review the police reports and DMV forms to see exactly how the officer claims to have given the advisement. If a video is available, we compare the paperwork to the actual words used. Attorney Blalock's focused DUI training, including advanced study of DUI defense strategies, helps us identify where officers fall short of what the law requires. If the implied consent advisement was not properly given, that can be a powerful argument in both the DMV case and the criminal court case.
DMV Consequences of Refusing a Chemical Test
For many people accused of refusing a sobriety test, the most immediate fear is losing the ability to drive. When an officer marks your case as a refusal, they typically take your physical California driver’s license and hand you a pink piece of paper. That pink form usually works as a temporary license for a limited period and serves as notice that the DMV intends to suspend your license, even before your court case is decided.
You generally have only 10 days from the date of your arrest to contact the DMV and request an administrative per se hearing. If you miss that deadline, the DMV typically goes forward with a suspension based solely on the officer’s paperwork. That suspension can be longer and harsher in refusal cases than in standard DUI cases where a chemical test was taken. The exact length of suspension and when, or if, you might qualify for any form of restricted license depends on several factors, including your prior DUI history.
At the refusal-related DMV hearing, the hearing officer does not decide whether you are guilty of a crime. They focus on a few key issues, such as whether the officer had reasonable cause to believe you were driving under the influence, whether you were lawfully arrested, whether you were properly advised about the consequences of refusing, and whether you actually refused to submit to a chemical test. Each of those points can be contested, especially when the paperwork is incomplete or inconsistent.
In our practice, we see that DMV hearing officers often rely heavily on the DS 367 form the officer completes at or after the arrest. If that form does not clearly describe what you did or said, or if it conflicts with other reports or video, we can challenge whether there was a true refusal. At The Blalock Law Firm, PC, Attorney Blalock personally handles these DMV hearings and coordinates them with the court strategy, so the arguments about the stop, arrest, and advisement line up across both arenas. Acting quickly enough to schedule that hearing is crucial, which is why we encourage drivers to contact us as soon as possible after an arrest.
How Refusal Affects Your DUI Criminal Case
On the criminal side, an alleged refusal changes how prosecutors and judges may view your case. Prosecutors often argue that refusing a chemical test shows what they call consciousness of guilt, in other words, that you refused because you believed the test would prove you were over the limit. If the case goes to trial, the jury may hear that you refused, and the prosecutor may invite them to draw negative inferences from that decision.
Refusal can also affect potential penalties if you are convicted of DUI. California law allows for added punishment in refusal cases, which can include extra mandatory jail time or more intensive DUI education programs, especially if you have prior DUI convictions. For a first offense, that might mean the court has less flexibility than it would in a standard test case. For repeat offenses, refusal enhancements can stack on top of already serious penalties.
At the same time, a refusal case does not automatically mean the prosecution is weak. Even without a chemical test result, prosecutors can try to prove impairment using officer observations, driving pattern, field sobriety performance, statements you made, and sometimes video from the patrol car or body camera. They may argue that the absence of a test result is itself evidence of guilt because you declined testing.
Because of these factors, refusal cases require careful evaluation of both risk and leverage. At The Blalock Law Firm, PC, we look at how strong the non-test evidence really is, how solid the implied consent advisement was, and whether the officer’s description of a refusal is believable. We then use those details to negotiate with prosecutors or, if needed, build a trial strategy. Our history, in which 99% of our clients avoid additional jail time, reflects how seriously we take these negotiations, including in challenging refusal cases, although every case depends on its own facts.
Common Myths About Refusing Sobriety Tests
Refusal cases are surrounded by myths, many of them passed around in casual conversations or online forums. One of the biggest misconceptions is that if you refuse every test, the state has no evidence and your case will automatically be dismissed. In reality, officers in Contra Costa still document driving behavior, physical signs of impairment, and your interactions with them. Courts allow this evidence, and refusal itself can be used as one more piece of the puzzle, not as a magic shield.
Another common myth is that you always have the right to refuse a chemical test after arrest without extra consequences, as if it were just like refusing to answer questions. The law treats these differently. You generally have the right to remain silent about what you drank or where you were coming from, but implied consent creates an obligation related to chemical testing once there has been a lawful arrest. Saying “I know my rights” at that stage does not prevent the DMV from imposing a refusal-based suspension.
Many drivers also believe that DMV and court are basically the same thing, so if they fight one, the other will fall into place. In practice, DMV and court are two separate tracks. You can lose the DMV hearing and still negotiate a better outcome in court, or you might keep your license at DMV but still have to address criminal charges at the courthouse in Martinez or another Contra Costa location. Treating them as one can lead to missed deadlines and missed opportunities.
At The Blalock Law Firm, PC, we understand why these myths are so widespread. They often grow out of partial truths or specific stories that people tell without all the legal details. Our role is to cut through that noise and explain how refusal actually plays out in Contra Costa DUI cases, so you can make informed decisions instead of relying on rules of thumb that may not fit your situation.
Defenses & Strategies in Refusal Cases
Being accused of refusing sobriety test does not mean you have no defense. It does mean the case has extra layers that need close attention. One major area of defense is whether the officer properly explained the implied consent law and the consequences of refusing. If the advisement was not given at all, was incomplete, or was so confusing that a reasonable person would not understand it, that can undercut the DMV’s ability to uphold a refusal-based suspension and can also affect how the court views the case.
Communication issues often play a big role. For drivers who speak limited English or have hearing difficulties, a quick advisement in English may not truly inform them of their choices. Medical issues can also be critical. Someone with asthma or other breathing problems may simply be unable to produce the volume or length of breath the machine requires, even if they are trying. If the officer treats those failed attempts as a refusal, we can bring in a medical context to show that the driver did not willfully refuse the test.
We also see cases where the driver hesitates, asks a question, or initially says no, then quickly agrees to a test, but the officer marks it as a refusal anyway. For example, a driver might say, “I do not want to blow, can I do a blood test instead?” and the officer stops there, without clarifying or providing the blood test. In another situation, a driver might ask, “Can I talk to a lawyer first?” and be told that the question counts as a refusal. In these scenarios, careful review of the timing and wording can reveal that there was not a clear, final refusal.
Our approach at The Blalock Law Firm, PC is to gather and study as much evidence as possible, including police reports, the DS 367 form, any body camera or station video, and any medical records that may be relevant. Attorney Blalock personally reviews this material, rather than delegating it to someone unfamiliar with DUI law, and uses those details to build arguments tailored to your case. At DMV hearings, we can question whether the legal requirements for a refusal were actually met. In court, we can use the same facts to challenge refusal enhancements or to negotiate resolutions that reduce the long-term impact on your life.
What To Do Now If You Are Accused of Refusing a Test
If you have been told your case involves a refusal, your next steps in the coming days matter a great deal. Start by gathering all of the paperwork you received during and after your arrest. This likely includes the pink temporary license, any citation or notice to appear in court, and any document where an officer checked a box or wrote that you refused a test. Having those pages in front of you will make it easier for us to give you accurate guidance.
Do not wait to deal with the DMV. In many Contra Costa refusal cases, you have about 10 days from the arrest to contact the DMV and request a hearing. If that window closes, the DMV typically moves forward with a suspension based on the officer’s version of events. When we step in early, we can request the hearing for you, work to have your temporary driving privileges extended while the hearing is pending, and begin preparing the defense for that hearing and the criminal case at the same time.
Scheduling a free consultation with The Blalock Law Firm, PC lets you understand where you stand before you make any critical decisions. During that consultation, we review your paperwork, talk through what happened from your point of view, look at any prior DUI history, and discuss your work and family obligations that make driving essential. Because we use a flat-rate fee with payment plans, you know the full cost of representation up front, which can take some of the financial pressure off while you deal with the legal side.
Talk With a Contra Costa DUI Defense Firm About Your Refusal Case
A refusal allegation can feel like a mistake that cannot be undone, but it is not the end of your case. Understanding the difference between optional field tests and mandatory chemical tests, how implied consent really works, and what DMV and courts look for in refusal situations gives you more control than you may think. The key is to act before deadlines pass and before decisions are made without your side of the story.
At The Blalock Law Firm, PC, we focus our entire practice on DUI defense in Contra Costa County and nearby communities. Attorney Blalock personally appears at every DMV hearing and court date, bringing focused DUI training and a detailed understanding of local practices to your case. If you are dealing with an accusation of refusing sobriety test, we can walk you through your options and build a strategy that aims to protect your license, limit penalties, and reduce the stress you are feeling right now.
Call us at (925) 259-3270 to set up a free, confidential consultation and get a clear plan for both your DMV hearing and your DUI court case.