CA AB2717

Repeals criminal penalties for refusing to submit to or complete a blood test during a DUI arrest, aligning with the 2016 Birchfield v. North Dakota Supreme Court decision.

Maintains criminal penalties for refusing breath or urine tests, with enhanced jail sentences ranging from 48 hours to 18 days depending on the number of prior violations.

Clarifies that failure to submit to or complete breath, blood, or urine tests results in administrative suspension or revocation of driving privileges by the Department of Motor Vehicles, not criminal penalties for blood test refusal.

Requires law enforcement to inform arrested persons that refusal to submit to testing will result in administrative suspension for one year, or revocation for two to three years depending on prior violations within 10 years.

Permits warrantless breath tests incident to DUI arrests, but prohibits warrantless blood tests, reflecting the Birchfield decision that the Fourth Amendment does not permit warrantless blood draws.