Implications of Refusal
If you refuse to submit to any of the breath, urine, or blood tests, then you will have to face certain consequences. In California, you can refuse to take a blood or Breath Test but here are the consequences.
If you refuse to use a breathalyzer on the roadside, you will be arrested and taken to the police station where you will have to submit to a blood test. In certain states, there are penalties for refusing a breathalyzer test for the reason that you did previously agree to submit to this test while applying for your driver's license.
If you refuse to take a blood alcohol test, it is most likely that your driver's license will be suspended for one year, as per the Californian Law. This offense and its related penalty are kept separate from the DUI crime. It means that whether or not you are charged with a DWI offense, your rejection to submit to a breathalyzer test will result in you being penalized. You will either get suspended from driving for a particular period, or you will get penalty points on your driver's license for a few years. Other punishments include paying fines, insurance charges, and having your license revoked.
In certain states like California, if an officer suspects you of DUI, you are required to take a breath, blood, or urine test. You must take the test within two hours of being arrested and the officer will decide which test to give you. Even if you aren't driving, you will have to take that test. If you were spotted in the driving seat, then it becomes compulsory for you to submit to these tests. If you fail to submit to the test the officer asks you to take, then he will demand you to surrender your driver's license.
Moreover, he will also create a report against you and your license will be suspended for a minimum of twelve months. You can agree to take the test when the officer files charges against you so that you don't have to suffer from any penalty. However, make sure to inform the officer of this change promptly.
According to the implied consent law in North Carolina, you will have to take a breath, blood, or urine test when asked by the officer if he arrests you on the charge of driving while impaired. The chemical test is usually taken at a suitable time after the officer has caught you driving while intoxicated. However, this time limit hasn't been specified. In a similar case, a suspect was allowed to submit to the test after 3 hours and 45 minutes of being arrested by the officer.
The officer could demand you to undergo a breathalyzer test before arresting you for this offense. Moreover, he can demand this test if you were involved in any accident, or caught breaching any traffic rule or at any checkpoint. If you refuse to take this test, you will be arrested and will be asked to submit to a blood or urine test at the police station. On refusing to take any of these tests, you will be penalized.
In many other states, you are put in jail if you refuse to submit to any of these tests. Many states give the right to the district lawyer to claim the consciousness of the guilt when you refuse to submit to a blood or urine test. It means that when you refuse to take these tests, the law sees you as guilty and you will be penalized accordingly. The penalty for rejecting the blood or urine alcohol test does seem strict, but the main reason behind it is the implied consent rule to which people agree while applying for their license.
Make sure that you are informed of all your rights related to chemical testing when an officer asks you to undergo these tests at the roadside, or at the police station. These rights notify you of all the outcomes in case you refuse to take a urine or blood test. These rights include the right to demand a specimen of the urine or blood the officer takes from you, so you can test it if you wish to. If the officer fails to inform you of all your rights, including this one, you can argue against the validity of the test you took in court. If you refuse to take a breathalyzer test, the officer can get a search warrant for taking a blood test based on the implied consent rule.
In some tests, you don't have any choice in deciding whether to undergo a blood, breath or urine test. Normally, blood tests are conducted the most as they are considered to be the most reliable in determining the alcohol content in your system. In the breathalyzer exam, the officer administering the test has to look at a needle to get the readings. This test is thus quite subjective. If you demand to take a blood or urine test after taking a breathalyzer test, but the officer fails to oblige to your request, you can challenge the soundness of the breathalyzer test and can also dispute the officer's action.
The decision of whether or not you should refuse to take a blood or urine test is a contentious one. It depends a lot on the law of your state as well as on your previous criminal record. It is better to take the test, as refusing to it will result in you being charged for two offenses: DUI crime and rejecting the test. The implied consent makes it imperative for you to submit to the test, so it a wise idea not to refuse to it.