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What Happens When You Refuse To Take A DUI Test?

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As a car owner, you must be aware of the DUI or driving under the influence laws in your state. You must be informed that when you are suspected of DUI, police officers will have three test options to test your BAC or blood alcohol concentration – urine test, blood test or a breath test. You may have the right to refuse undergoing the DUI tests without any additional penalties, but in some states there are other penalties you will have to face aside from your DUI charges. In fact, regardless of whether you take a breath test at the scene of not, the police will still arrest you and have you undergo a blood or urine test. This is why it is crucial that you are well aware of the DUI laws in your state and always drive responsibly.

Penalties You May Have To Face When You Refuse A Blood Alcohol Test

When you refuse to undergo a blood alcohol concentration test, one of the common penalties you will have to face is a suspended license. If this is your first offense, the length of suspension can range from between three months and a year. This penalty is often determined separately from DUI charges, so whether you are charged with DUI or later on acquitted, refusing to under a blood alcohol concentration test can result in the suspension of your license. Other penalties that you can expect are jail time, fines, license revocation and insurance fees.

Your Rights In Blood Alcohol Tests

Once you submit to a blood alcohol concentration test, the police officer must inform you of your chemical test rights. These rights inform you of the possible consequences when you refuse to take the blood alcohol concentration test. You also have the right to receive the same blood or urine sample they take in order for you to process your own test. In the event that the police officer fails to inform you of your rights prior to the test, then you can have the legal validity of the test disputed. This also involves the suspension of your license in court.

Unfortunately, you may not always have the choice as to what type of test you will have to take. Most police stations have a preference for blood tests, but the most commonly used test is the breath test so that police officers can test suspected drunken drivers on the spot. It is also important to remember that breath tests are not always accurate based on different factors such as health conditions and if medication is being consumed.

When You Attempt To Refuse A BAC Test

You will have every right to refuse a blood alcohol concentration test, but once again, it is essential that you are aware of your state laws before doing so. This is also a sensitive issue if you already have previous driving under the influence records. Do not be surprised to find police officers to charging you with DUI even when you refuse to take the test, because other evidence can still be used against you in court such as erratic driving, the strong smell of alcohol, witnesses, open cans or bottles of alcohol and failing other field sobriety test.

Valerie Allans is a freelance writer specializing in drinking under the influence claims. She regularly contributes articles to legal websites where a well experienced DUI criminal defense attorney in Gainesville can be consulted.

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