The Consequences of Refusing a Blood or Breath Test

All states have strict laws that govern drinking and driving. The federal standard is that if you have a blood alcohol concentration at .08 or above, then you are driving under the influence and face disciplinary action. When you are stopped by the police for a DUI, the officer may ask you to take a breath test, a sobriety test, or a blood and urine test.

When asked to take a test, you may initially think that it is a good idea to refuse these tests. After all, if you were driving under the influence, wouldn’t these tests incriminate you? You might believe that if you do not submit a test, then there will not be evidence so you can get out of a conviction. This is not necessarily the case. Here is what you need to know before you refuse a breath or blood test.

What Is Implied Consent?

Most states have implied consent laws. What this means is that to drive a car is not a right, but a privilege. When you take advantage of that privilege, you have to meet certain criteria. For instance, you cannot drive unless you pass your written and driving exam. When you receive your license, you sign an agreement. This is an agreement to implied consent.

Implied consent means several things. It means that you agree to carry your license and proof of insurance in the car. It also means that you consent to a blood or breath test if an officer asks you to submit one. You also have to perform a field sobriety test.

Can You Still Refuse a Test?

Now, you technically can refuse to take the test. The issue with refusing to take the test is that there are penalties. Remember, you agreed to these conditions, so if you refuse, you may face other penalties. For instance, you could have your license immediately suspended for refusing the test. You may also have to deal with increased fines and other penalties. To make it worse, this does not mean that you won’t face a DUI conviction.

When it comes to a DUI charge, it is usually best to submit to the tests. Whether you submitted to tests or not, if you are facing DUI charges, it always helps to speak with an attorney, like a DUI attorney from The Law Firm of Frederick J. Brynn, P.C., today. To find out about your best defense strategy, call and set up an appointment to talk to a lawyer as soon as possible.

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