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Can You Refuse A Blood Alcohol Test

Full Video Transcript

The Blood Alcohol Content of a driver in a DUI case is one of the most critical pieces of an investigation used to convict someone of driving under the influence. It’s a chemical test – either breathalizer, blood test, or urine test, to determine if your blood-to-alcohol content ratio is above the legal limit. (Note: This is a different test from the field sobriety test – which may include a preliminary breath test. It is given once you’ve already been arrested for a DUI.) So do you have a right to refuse to take the test? No, you do not have the right. All states have some form of implied consent law – which is basically the principle that by driving a car on the road, people implicitly consent to a lawfully requested blood alcohol test if they are suspected of impaired driving. However, people sometimes still refuse to take these tests. A variety of consequences can result from a refusal – including being charged with a separate refusal-based crime, civil sanctions, and some form of license suspension. So what rights do you have? You have the right to choose which form of the test you will take – blood, breath or urine. You also have certain rights to take a second blood alcohol test. You should contact a criminal defense or DUI attorney as soon as possible to determine what other options may be available in your situation.

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