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.

Was this helpful?

Your Next Step

Enter your location to find a DUI attorney today.

Search Videos on LawInfo.com