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.

See also…

Drunk Driving, DUI, DWI