Refusing DUI Breathalyzer Tests in California
Under California’s implied consent law, if you drive and have a license, it is presumed that you have consented to breath tests and blood tests to determine if you are under the influence of alcohol or drugs. The law reads:
“Any person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purposes of determining the alcoholic content of his or her blood, if lawfully arrested for any offense allegedly committed in violation of [the law].”
Refusing DUI Breath Test Defense Lawyers in San Bernardino & Riverside
If you were pulled over under suspicion of drunk driving and refused the breath test, it is important to consult with an experienced San Bernardino & Riverside DUI defense lawyer. The attorneys at Greenberg, Greenberg & Kenyon can help you understand your rights and help you pursue the most favorable outcome possible.
Contact Greenberg, Greenberg & Kenyon online or by telephone at (951) 574-2281 if you were pulled over in Riverside, San Bernardino, Los Angeles, Orange or San Diego counties. Our attorneys have a solid record of safeguarding clients from the worst penalties, whether it is your first DUI arrest or your fourth. In a free consultation, we will discuss the facts of your case, the likely outcome and how we can help minimize the consequences.
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They showed genuine care and compassion. I had an exceptional experience with attorney Joseph Felbab. Thanks to their diligent work, I received a favorable settlement that exceeded my expectations with my case.- Estefania V.
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My family and I are grateful for his legal representation, and I highly recommend Philip and his amazing team at the Greenberg Greenberg & Kenyon Firm.- Betty S.
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harles Kenyon stepped in and delivered an outstanding defense. He didn’t just win the case; he saved my grandson’s life. The entire firm is compassionate, communicative, and we cannot recommend them highly enough!- Kristin P.
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The peace of mind they provided made the entire experience easier to manage. We cannot thank him and the entire firm enough for their guidance and support in such an intimidating time.- Erin W.
Refusing the Breath Test in San Bernardino & Riverside
If you are charged with refusing the breath test and do not challenge the allegation, the DMV will automatically seek to have your driver’s license suspended for one year or more. The courts may enforce harsher penalties if you refuse the test than if you had submitted to it. Your insurance rates will likely go sky-high.
This is why it is important to have an experienced San Bernardino & Riverside DUI attorney standing up for your rights. There are defenses to refusal allegations. A person may refuse the breath test for a variety of reasons. A DUI arrest is a frightening experience and people do not always make sound decisions. The arresting officer should fully inform the arrested of their rights and obligations.
People with respiratory problems are not always physically capable of blowing enough air to register a breath test result.
Whatever the circumstances of your breath test refusal case, our San Bernardino & Riverside DUI lawyers are prepared to protect you, your rights, your driver’s license and your freedom.
Your Voice in the Fight
Here's What Sets Greenberg, Greenberg & Kenyon Apart
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Decades of Criminal Defense
Since 1980, our attorneys have handled a wide spectrum of criminal cases, bringing seasoned judgment and steady guidance to every matter.
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Prosecutorial Perspective
With backgrounds as former prosecutors, we anticipate the opposition’s approach and pinpoint case vulnerabilities from the outset.
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Direct Attorney Access
Our boutique structure ensures you work one‑on‑one with senior counsel—no handoffs to junior associates.
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Clear, Consistent Communication
We return calls promptly, provide regular updates, and lay out each step so you always know where your case stands.
Have questions? Ready to get started? Call (951) 574-2281 today to schedule a free consultation. We return calls promptly and walk you through every step of the legal process.
