Does the implied consent of a driver who refuses to submit to a blood draw have any effect on the penalty for refusal?

In support of its contrary conclusion, the trial court cited Hughey v. Dept. of Motor Vehicles (1991) 235 Cal.App.3d 752, 757, 1 Cal.Rptr.2d 115 (Hughey ). But that case was concerned only with the forfeiture of driving privileges pursuant to the implied consent law upon a refusal to submit to a duly requested blood draw. As the court observed, the statute was intended to "permit a driver to refuse to be tested," while "exact [ing] a penalty for refusal." (Id. at p. 757, 1 Cal.Rptr.2d 115.) "The immediate purpose of this statutory scheme is to provide an incentive for voluntary submission to the chemical test and to eliminate the potential

[199 Cal.Rptr.3d 574]