Driving under the influence is a major crime in the United States. According to the approved regulatory body, the National Highway Traffic Safety Administration (NHTSA), nearly 32 people in the US die daily in DUI crashes. Because of such disturbing statistics, law enforcement officers use tools to determine whether a driver is impaired.
One of the most common tools is the breath or blood test, which measures a driver’s blood alcohol content (BAC). When drivers get pulled over on suspicion of drunk driving, they will be asked to take a test. A driver can choose to take a breath test or a blood test.
A lot of drivers pick the breath test because it is simpler and does not demand getting your blood drawn. But, if the police suspect you are under the influence of drugs or a mix of drugs and alcohol, they might make you take a blood test to validate their claim.
So, what happens if you do not take a blood or breath test after being pulled over for a DUI? This article will explore the legal consequences of refusing a breath or blood test. Likewise, we will consider the potential impact on your driver’s license and criminal case.
What Are the Implications of Refusing a Breath or Blood Test?
In most states, refusing a breath or blood test can automatically suspend or revoke your driver’s license. This is because most states have what is known as an “implied consent” law. This law provides that by applying for a driver’s license, you have agreed to submit to a chemical test if you are suspected of DUI.
If you do not take the test, you are considered to have violated this implied consent law. The penalties for test refusal can vary depending on your state and your prior record. In many states, a first-time test refusal can result in a license suspension or revocation, fines, and even jail time.
The length of the suspension or revocation will also vary depending on the state. For example, a first-time test refusal in California can result in a license suspension of one year. A second-time test refusal can result in a two-year suspension.
Refusing a breath or blood test can also be used against you in court. Prosecutors may argue that your refusal to take the test is evidence of your guilt. This can make it more difficult to defend against DUI charges and may result in a harsher penalty if you are convicted.
Impact on Your Criminal Case
Refusing a breath or blood test can also impact your criminal case. The prosecution must prove that you were under the influence if you are charged with DUI. Without a breath or blood test, the prosecution must rely on other available evidence.
However, refusing a breath or blood test does not automatically equal a DUI conviction. Even if the prosecution has strong evidence against you, an experienced DUI attorney may be able to negotiate or challenge the evidence in court. If you are found guilty, refusing a test may not result in a harsher penalty than if you had taken it and failed it.
Conclusion
Refusing a breath or blood test after being pulled over for a DUI can have serious legal consequences. However, it does not necessarily mean you will be convicted of DUI. “If you are facing DUI charges, consult a professional to advise you on your rights and the best action to take,” says attorney Jeffrey Lichtman of The Law Offices of Jeffrey Lichtman.
