Can You Refuse a DUI Test?

Can You Refuse a DUI Test?

If you are pulled over on the suspicion of driving under the influence, the officer will ask you to take a DUI test. This may include a roadside breathalyzer and a field sobriety test. You can and should refuse both of these DUI tests. They are fallible and subjective, respectively, and will almost always increase your chances of being convicted. If you are arrested and brought to a police station and requested to take a DUI test (blood, urine, or breathalyzer) you should comply as you may face additional charges for refusing.

Again, you can refuse a DUI test but keep in mind the difference between refusing a roadside DUI test at the scene and one that is performed following an arrest, in the police station.

Additionally, should you refuse any DUI test, you may get an automatic license suspension for 12 months. That being said, it’s almost always better to refuse any DUI tests at the scene as it can hurt your case against the DUI conviction.

Your Blood Alcohol Test Rights

If you are pulled over and arrested for a DUI, the officer will request that you submit to a blood alcohol test. At this point, the officer must inform you of your chemical test rights. These rights inform you of the consequences if you refuse to submit to a blood alcohol test. This usually includes the right to receive a sample of the blood or urine they take, so you can conduct your own independent test if you wish.

It is important to note that if the law enforcement officer does not inform you of this right before giving you the chemical test, you can dispute the legal validity of the test, along with the suspension of your license, in court.

If you refuse all forms of DUI tests, including those requested at the station following an arrest, the officer can apply for a warrant to take your blood test, at which point you wouldn’t have a choice. This is because of the implied consent principle. Implied consent means that by using the public roads, you have impliedly consented to chemical testing or blood alcohol tests.

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