Can You Refuse a Blood Alcohol Test?

Full Video Transcript

The blood alcohol content of a driver in a drunk driving 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 Breathalyzer, blood test, or urine test, to determine if your blood alcohol content ratio is above the legal limit. (Note: This is different from a field sobriety test. This is a test given once you’ve already been arrested for drunk driving.) So do you have a right to refuse to take the test? No, you do not have that right. All states have some form of implied consent law, which is basically the principle that by driving a car on the road, you implicitly consent to the blood alcohol test. 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. 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 test within a reasonable period of time. You should contact an attorney to determine what other options may be available in your situation.