While the following case summary concerns federal law on DUI (in Yosemite, a federal park), its holding applies equally to the state law, such as California’s, regarding the admonition a police officer must give to a suspect about submitting to a breath or blood test. When the admonition is unclear or simply wrong, no conviction can result? Click on the following link to read about such a case that addressed this threshold question.
http://www.greghillassociates.com/conviction-for-refusing-to-submit-to-dui-test-reversed.html.