“I refused the breathalyzer” does not tell an attorney enough to evaluate a DUI case. The first questions are which test the officer requested, when the request occurred, and what warnings were given. That distinction matters after an arrest in Torrance, Redondo Beach, or elsewhere in California.

The roadside screening test

A preliminary alcohol screening test, often called a PAS test, is an investigative breath test. Vehicle Code section 23612 describes it separately from required chemical testing after a lawful DUI arrest. For an adult who is at least 21 and is not on DUI probation, the general PAS rule includes a right to refuse that screening test.

There are important exceptions. Under section 23136, drivers under 21 are subject to chemical-testing requirements associated with a lawful zero-tolerance detention. Section 23154 creates testing obligations for drivers on DUI probation who are lawfully detained under that provision. Do not apply the general adult PAS rule to those situations.

Testing after a lawful DUI arrest

Section 23612 imposes separate implied-consent obligations after a lawful arrest. Taking a PAS test does not satisfy those obligations. Refusing or failing to complete required chemical testing can produce a license suspension or revocation. The applicable rules depend on the suspected substance, available tests, and circumstances; the officer’s warning and the driver’s response matter.

What should your attorney examine?

A useful investigation starts with a detailed timeline rather than a label in a report. Discuss:

  • Whether the request came before or after the arrest.
  • The officer’s exact instructions and warnings, to the extent you remember them.
  • Whether you attempted a test, requested an available alternative, or reported a medical difficulty.
  • Any body-camera footage, testing records, or medical records that may clarify events.

Medical difficulty is not something to assume proves or disproves a refusal. Identify what happened and what records could help the attorney assess it. Preserve the paperwork and your recollection without altering existing recordings or documents.

Do not overlook the DMV notice

A refusal allegation may affect both your license and the criminal case. See our guide to the DMV hearing deadline for the immediate licensing issue.

Sources: California Vehicle Code § 23612, § 23136, and § 23154.

Discuss your case with Sherrod Defense. For representation in Torrance, Redondo Beach, Manhattan Beach, or the surrounding South Bay, visit our South Bay DUI Defense page or call (310) 279-5113. Learn about Doug Sherrod’s background as a former prosecutor.

General information, not advice about a particular case. Published by Sherrod Defense. Sources checked September 21, 2026.