Can You Refuse a DUI Blood Test?

Being pulled over by a law enforcement officer can cause a lot of anxiety and confusion. The fear and confusion can multiply with a possible driving under the influence (DUI) charge. A common source of confusion concerns whether a driver can refuse a blood test. This article answers frequently asked questions about refusing a blood test during a DUI arrest.

Laws vary by state, and a local DUI defense attorney can assess your case, apply local law, and begin preparing your defense. After a DUI arrest, contact a local and experienced drunk driving defense lawyer.

Can I Get in Trouble for Refusing a Blood Test After a DUI Arrest? 

Yes, you can get in trouble for refusing a blood test after a DUI arrest. When you get your driver’s license, you agree to “implied consent.” Under implied consent laws, drivers must submit to chemical tests if police have probable cause to believe they are driving under the influence (DUI).

For most DUI arrests, the police will request a breath test. If the police officer suspects the driver is under the influence of drugs, they will request a blood test or urine test.

If you refuse a breath or blood test, the arresting officer can still arrest you based on other evidence. Evidence for probable cause can include field sobriety tests, the smell of alcohol, or your behavior during the traffic stop. Test refusal can lead to a license suspension and possible jail time in some states. 

There is a difference between a roadside breathalyzer test and a blood or breath test after an arrest. For most drivers, a roadside breath test is not mandatory. There are no penalties for refusing a roadside breath test unless you are underage or have a prior DUI.

What Are the Consequences of Refusing a Blood Test? 

Implied consent laws provide for penalties for refusing a blood test after a DUI arrest. When you get a license to drive, you give your consent to submit to a breath or blood test after a DUI arrest. You can face penalties just for refusing to submit to a blood test. Penalties for refusing a blood test include:

• Suspended license (of up to one year or more)
• Enhanced penalties if convicted of a DUI

What Happens if You Fail a Blood Test? 

If you fail a blood test, it will be used as evidence against you that you were under the influence or over the limit. Your level of blood alcohol content (BAC) can also determine the penalties. A high BAC (0.15 or higher) has more serious penalties.

Drivers who fail a blood test will also have their license suspended. The DMV will administratively suspend your license, whether convicted or not. If you want to challenge the administrative license suspension, you have to challenge the suspension with the DMV.

Most drivers require an ignition interlock device (IID) to drive again. An IID-restricted license requires you to blow a breath test anytime you start the car and also while you drive.

When Can You Refuse a DUI Blood Test? 

If you are not drunk, you should not have to submit to a blood test. It is an invasive procedure that can cause pain or an infection. Unfortunately, state drunk driving laws give the police much power to test drivers suspected of driving under the influence.

There are limited legal grounds for refusing a DUI blood test, including:

• Lack of reasonable suspicion for a traffic stop
• Lack of probable cause
• Medical condition

To refuse a blood test, you will have to fight. You will have to challenge the refusal in court. Even if you are right to refuse a blood test, you still have to get a judge to agree with you, or you will face the consequences.

Can the Court Use a Refusal Against You? 

If you refuse a blood test, the refusal can be used against you in court. The prosecutor can use a refusal to presume you were under the influence. Just because you refuse a blood test does not mean you won’t face a DUI conviction.

Should I Refuse a Blood Test After a DUI Arrest?

Whether you should refuse a blood test after a DUI arrest is a big decision and depends on various factors. Refusing the test means there won’t be immediate BAC evidence to use against you. In some cases, your defense lawyer might advise refusal based on the circumstances of your arrest.

There are also reasons not to refuse. Refusal usually leads to a longer license suspension compared to failing the test. The prosecutor can use your refusal against you in court, potentially leading to harsher penalties. In some states, law enforcement officers can obtain a search warrant to take a blood sample if you refuse. 

How Can a DUI Lawyer Help?

Refusing a DUI blood test can have serious consequences. These include license suspension, increased penalties, and using your refusal as evidence in court. There are limited legal grounds for refusal. For most drivers, it makes sense to submit to the test and let your DUI defense attorney challenge the results or the arrest procedure. 

Your criminal defense attorney can help you understand the DUI laws and the consequences of your decisions. They can also devise a strategy to minimize the impact on your driving privileges and personal life. Contact a DUI lawyer for legal advice immediately after your arrest.