Should I agree to take a chemical test? What happens if I don’t?
The decision is one of weighing the likelihood of a high blood-alchohol or drug reading against the consequences for refusing. The outcomes of refusing to submit to a blood, breath or urine test depend on the state. Generally, but not always, there are consequences:
- Your driver’s license may be suspended for a period of time, commonly three, six or twelve months. This may happen even if you are found not guilty of the DUI.
- In some states, refusal is a separate crime.
- In some states, it adds jail time to the sentence for the DUI offense.
- The fact of refusal can be introduced into evidence under the term of the “consciousness of guilt”. Of course, the defense is free to offer other reasons for the refusal.
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