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What happens if I refuse blood-alcohol testing?
The law is in a state of flux on whether a driver can be forced to take the blood, breath, or urine test. In January of 2005, the U.S. Supreme Court refused to review a Wisconsin Supreme Court ruling that a forced withdrawal of blood for DUI testing was constitutional. Other states do not utilize forced testing, but refusing can result in a variety of harsh consequences. Generally, there are three adverse results:
(1) Your driver's license will be suspended for a period of time, commonly three, six or twelve months. This is true even if you are found not guilty of the DUI charge.
(2) In some states, refusal is a separate crime; in others, it adds jail time to the sentence for the DUI offense.
(3) The fact of refusal can be introduced into evidence as "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal.
Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing.
(Updated August 30, 2007) |
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