When you are pulled over for suspected DUI, you may be asked to do a blood or breathalyzer test. While you can refuse these things, it may be in your best interest to submit to the test. While every state has different laws regarding these things, many have you sign consent to submit to a test before you can obtain a driver’s license. Particularly in those states, you will face a penalty if
you refuse the test. The following are some things to keep in mind.
How Much Alcohol You Consumed and When
Your blood alcohol content will vary based on a lot of different issues. Obviously, the amount of alcohol you consumed will play a large role in your BAC, but when you consumed it will also make a difference, as will your body type and gender. Usually when an accused driver is certain of sobriety, he or she would have it in the best interest to just submit to the breathalyzer test so the situation can be done as quickly as possible. Someone else who is certain he or she is intoxicated may choose to refuse the test, as a refusal penalty may be less severe than the consequence for DUI.
You May Not Get Away with Refusal
While everyone has the right to refuse a breath or blood test, they may not always have the option to get away with it. For example, there are some states that allow forced blood draws. While this is rare, an officer who is certain you are intoxicated and feels you are a danger if you are let go, can hold you down and draw blood to perform a DUI test.
There are other factors at play as well. For example, the officer may have evidence aside from these tests that shows you were driving poorly or erratically. It’s also possible you have one or more failed field sobriety tests under your belt, which would look bad if you got pulled over on suspicion of DUI.
Some states also allow your refusal to submit to a test as evidence that you are guilty. When that happens, you face the negative consequence of refusal as well as the negative consequence of DUI. This could be a potentially bad situation.
Contacting a Lawyer for Assistance
As you can see, you do have a right to refuse a breath or blood test, but in most cases it won’t end up being your best option. To learn more about the consequences of DUI, or to find representation after being accused, contact a DUI lawyer for assistance today.