In every state there are laws in place known as implied consent. When you obtain your driver’s license, you are stating that you will submit to a chemical test if requested to do so by an officer. But does mean you absolutely must submit to a blood, breath or urine test if asked? No, you do not have to.
However, if you do refuse to take a chemical test, there are three adverse results:
1. Your driver’s license will be immediately suspended. Depending on the state, this can average from three to months to a year. This can happen even if you are found not guilty of the DUI charge.
2. Depending on the state, refusal to take a test may be considered a separate crime. Some states may just view as uncooperative behavior. But other states can consider this a reason for added jail time.
3. If you refuse to submit to a test, the court can view this as consciousness of guilt. You can of course state other reasons for refusing to take a chemical test.
Whether you refuse to take a chemical test or you fail the test with a high blood alcohol content reading, you must carefully weigh your options. Each has its own consequences.
Your best option is to consult with your DUI defense attorney. No matter which decision you chose, either can be defended in court. There are many flaws with the DUI system and your lawyer is being paid to find these flaws.