Vehicle Code 13353 is California's implied consent law. By driving in the state, you are deemed to have agreed to submit to a chemical test of your breath or blood if you are lawfully arrested for DUI. Refusing that test carries its own license consequences, separate from and on top of the standard DUI suspension.
What a refusal triggers
A first refusal results in a one-year suspension with no restricted license available during that year. A second refusal within ten years brings a two-year revocation, and a third brings three years. These are administrative actions by the DMV, and they apply even if you are never convicted in the criminal case. The refusal can also be used as a sentencing enhancement under Vehicle Code 23577.
What the DMV has to prove
A refusal allegation is not automatic. To uphold it, the DMV must show that the arrest was lawful, that the officer told you your driving privilege would be suspended if you refused, and that you in fact refused or failed to complete the test after being asked. Each of these is a real point of challenge. Confusion about which test to take, a failure to properly admonish you, or a medical inability to complete a breath test can all defeat a refusal finding.
The 10-day deadline still applies
As with any DUI, you have only 10 days from the arrest to request a DMV hearing to contest the refusal suspension. That hearing is where the refusal is fought. Missing it makes the suspension automatic.
Where to start
A refusal allegation raises the stakes on the DMV side, but these cases are frequently winnable on the admonition and the lawfulness of the arrest. You can get a free written case analysis below or call me directly. It helps to read about the chemical test refusal law (VC 23612) and the DMV hearing.