Driving under the influence (DUI) laws in California continue to evolve, with new amendments affecting how blood test refusals are handled in DUI cases. In 2025, the state introduced legal updates that impact drivers who refuse to submit to chemical testing.
These amendments clarify the administrative penalties, legal procedures, and courtroom consequences of refusing a blood test. While refusing a test does not automatically lead to criminal charges, it can result in license suspension, mandatory DUI programs, and evidentiary consequences in court.
Understanding these changes is essential for anyone facing DUI charges in California. If you or someone you know has refused a chemical test, consulting a DUI lawyer near me can help protect your legal rights.
This blog provides a detailed breakdown of the recent amendments, their impact, and what drivers should know about refusing a blood test according to California’s 2025 DUI Law.

Legal Basis for Blood Test Refusals in California

California law requires drivers to submit to a chemical test when suspected of DUI. Under the implied consent law, drivers automatically agree to chemical testing when they receive a driver's license.
The key statutes governing blood test refusals include:

• Section 13353 – Outlines penalties for refusing a blood alcohol test, including license suspension.
• Section 23612 – Defines implied consent laws, requiring drivers to submit to a breath or blood test.
• Section 13353.1 – Covers preliminary alcohol screening (PAS) test refusals and the related penalties.
• Section 23152 – Establishes legal BAC limits and DUI penalties for drivers and commercial operators.

These laws govern the rights and responsibilities of drivers during DUI stops. Recent amendments have focused on clarifying the legal consequences of refusing a blood test.

Latest Amendments for 2025

License Suspension for Refusing a Blood Test
Under Section 13353, if a driver refuses a blood test, the California DMV will impose the following penalties:

• First refusal – One-year license suspension
• Second refusal (within 10 years) – Two-year license revocation
• Third refusal (within 10 years) – Lifetime disqualification from commercial driving

If you rely on your driver's license for work or daily life, a DUI defense lawyer near me can help you challenge the suspension through a DMV hearing.

No Enhanced Criminal Penalties for Blood Test Refusals

In previous years, refusing a blood test could lead to enhanced criminal penalties, such as additional jail time. However, under Section 23577, recent amendments have removed increased criminal penalties for blood test refusals.
Key updates:

• Breath and urine test refusals → Still result in enhanced DUI penalties
• Blood test refusals → No longer carry additional criminal consequences

Despite this change, a refusal can still be used as evidence in court, which may negatively impact a DUI case. A DUI attorney near me can help fight these courtroom consequences.

Implied Consent Still Applies

Under Section 23612, drivers must choose between a breath or blood test. If a driver refuses, the officer must inform them of the legal consequences.
If an officer suspects drug use, they may request a blood test, even if the driver initially chose a breath test. Refusing both can lead to automatic penalties.
If an officer fails to provide proper warnings, a lawyer for DUI near me may argue that the refusal should be dismissed in court.

Courtroom Consequences of Refusing a Blood Test

Even though criminal penalties have been removed, courts still treat blood test refusals as evidence of guilt. Under People v. Bolourchi (103 Cal. App. 5th 243), juries may receive instructions that a refusal to submit to testing suggests consciousness of guilt.

Key Court Cases Affecting Blood Test Refusals

• People v. Bolourchi (103 Cal. App. 5th 243) – Upheld the use of blood test refusal as evidence of guilt.
• People v. Alvarez (98 Cal. App. 5th 531) – Clarified that warrantless blood draws require exigent circumstances.
• Hall v. Superior Court (3 Cal. App. 5th 792) – Ordered a new DMV hearing for a driver whose license was revoked due to a biased hearing officer.

These cases show that refusing a blood test can still have legal consequences, even without enhanced penalties.
If you are facing DUI charges, a DUI attorney near me can argue against the use of refusal evidence in court.

What to Do If You Refuse a Blood Test

If you have refused a blood test, you still have options to defend yourself. Here's what to do:

Request a DMV Hearing
After a blood test refusal, the DMV will suspend your license. You have 10 days to request a hearing to challenge the suspension.
A DUI defense lawyer near me can represent you in this hearing and fight to retain your driving privileges.

Challenge the Arrest Procedure
Law enforcement must follow strict guidelines when requesting a blood test. A DUI attorney can investigate the following:

• Did the officer inform you of your rights?
• Was the traffic stop legal?
• Did the officer have probable cause for arrest?

If any procedures were violated, your lawyer may be able to challenge the evidence in court.

Build a Strong Legal Defense

Defenses against a blood test refusal DUI case include:

• Lack of probable cause – The officer had no valid reason to stop you.
• Failure to provide proper warnings – You were not informed of the consequences of refusal.
• Medical reasons – Health conditions made it impossible to provide a test.
• Procedural errors – The officer mishandled the test request.

An experienced DUI lawyer will review your case and build the best possible defense strategy.

How a DUI Attorney Can Help

A DUI lawyer near me can:

• Challenge the legality of your DUI arrest
• Fight to keep your driver's license at a DMV hearing
• Dispute refusal evidence in court
• Negotiate reduced penalties if charged with DUI

If you are facing license suspension or DUI charges, working with a DUI attorney is the best way to protect your rights.

Final Thoughts
The 2025 amendments to California's DUI blood test refusal laws remove enhanced criminal DUI penalties but still impose license suspension and courtroom consequences.
If you refused a blood test, you need an experienced DUI attorney to help you fight the charges and protect your future.