Taking A Breath or Blood Test After A Dui Arrest
You probably didn’t mean to drive while under the influence, but it happened and now you’re not sure what to do. Should you take a breath or blood test? Is there a penalty for refusing a test? These are some things to think about ahead of time so when you find yourself in this unfortunate situation, you know what to do.
Taking a Breath Test
In most states, an officer does not need a warrant to take a breath test after pulling you over on suspicion of DUI. You can refuse the test, but there are often penalties for refusing to be tested. These penalties can range from fines to jail time, so you need to consider whether it’s really worth refusing the test. Depending on the amount you had to drink, you may not be above the legal limit, so refusing the test would be worse than taking it.
Taking a Blood Test
Depending on the circumstances and the state in which you are pulled over, a police officer may not be able to force you to take a blood test. There are some extenuating circumstances in which an officer is allowed to hold you down and draw your blood, but these situations are quite rare. This typically only happens when the supposed intoxicated driver caused a serious accident and the officers are eager to get test results before the substance is out of the driver’s system.
You can voluntarily take a blood test, just as you can voluntarily take a breath test. You can also refuse a blood test, but the officer is required to let you know the consequences of refusing a blood test after you have been arrested for DUI. In many cases, it’s automatic suspension of your license, as well as other consequences after the court process plays out.
Using a Refusal Against You
Keep in mind when you refuse to take a breath or blood test, it could be used against you in court. While there are immediate consequences, there could be more severe consequences down the line. When a judge or jury hears you refused the test, that could be reason to believe you knew how intoxicated you were and didn’t want the authorities to find out just how bad it was.
Contacting a DUI Lawyer