A warrant is not required to have a person give a breath test following a lawful arrest for DUI. California's implied consent law makes it mandatory for any driver in the State, who has been lawfully arrested for DUI, to submit to a breath test to determine his/her blood alcohol concentration. A driver that violates this law (for example, refuses to take a breath test) will receive certain penalties. These include: increased penalties in addition to the standard California DUI penalties, and a mandatory driver's license suspension that occurs regardless of the outcome of a person's DUI case.