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Accused of refusing a DUI Test? Here are your Options

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A police officer can pull you over of suspicion of driving while intoxicated. You will be required to submit to a blood test or breath test to establish the overall blood-alcohol content. In case you choose not to undergo such tests, it is important to know what happens next. Talk to a local DUI lawyer to know the consequences of your actions and your legal options.

What happens next?

Whatever happens, after you have refused to submit to a DUI test depends on many factors. But if implied consent is implemented in the state where the incident happened, a refusal to submit to a test will lead to immediate suspension of your driving license. In some states, refusing to take a chemical test could mean jail time and will be considered a crime.

In other states, the first-time refusal attracts less significant punishment. However, the arrested individual will lose their driving privileges for about a year, though this period depends on the state laws. In such cases, DMV (Department of Motor Vehicles) should be contacted for a hearing to establish whether or not the driver’s license should be suspended for all that time.

Implied consent penalties

Most states have different levels of implied consent laws that require a suspect of DUI violation to submit to breath, blood, or urine test to determine the overall blood alcohol content. In states where an acceptable BAC level is low, there is a good chance many people will end up with DUI charges as an outcome of their driving while intoxicated practices.

Generally, an arrest is followed by a test to determine your BAC. However, it is only when you choose to submit to these tests the implied consent penalties apply. Besides, the act of refusing to submit to a test is often perceived as a piece of evidence during a trial. So, it is in your best interest to submit to a DUI arrest and the related tests if the arresting officer had a probable cause.

However, you can avoid the consequences if there is a particular medical problem plaguing you. For instance, if you have hemophilia, there is a considerable risk that you might develop severe complications because your body cannot stop the bleeding on its own. Besides, if you have heart-related issues, the officer may exempt you from the blood test. You can take a breath or urine test.

Alternatives to a chemical test

A breath test is often the first option when it comes to determining whether or not a driver is intoxicated. If the right device for a breathalyzer isn’t available, or it is impossible for the officer to administer, especially if the suspect is unconscious, a blood test can be performed.

In some situations, a urine test is an excellent option, especially if the officer believes that the primary cause of the intoxication is drugs. After all, some drugs might not be effectively be detected through the breath.