Do I Have to Submit to a Chemical Test after a DUI Arrest?
If you are arrested on suspicion of drunk driving, you will be asked to submit to a blood, breath, or urine test to determine your blood alcohol level. The results of this test can be used against you at your trial.
You can refuse to take a chemical test. However, refusal can have some serious consequences. Under most states’ laws, your refusal can result in the suspension of your driver’s license. This is true even if you are eventually found not guilty of DUI. Also, if your case does go to trial, the prosecutor can tell the jury that you refused to take a chemical test, which certainly can lead the jury to conclude that you were in fact intoxicated.
If you have been arrested for a DUI, you should request to speak to an attorney immediately. In some states, you will be able to talk to your lawyer before your chemical test, and receive advice on how to proceed. However, other states do not allow you to consult with your lawyer until after you submit to, or refuse to take, your chemical test. Even if you reside in one of these states, you should speak with your attorney as soon as possible in order to protect your rights and prepare your defense.
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Last Modified: 03-08-2012 02:03 PM PST
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