Refusal to Submit to Alcohol Testing

(Last Updated On: October 22, 2018)

Penalty for Refusing to Submit to Alcohol Testing

If a driver refuses to submit to or successfully complete the breath or blood test(s) as requested by the officer, the law permits the officer to obtain a sample of your blood based upon the following legal exceptions:

  1. The officer can attempt to contact a local magistrate in order to obtain a search warrant. If a search warrant is obtained, the officers may obtain a blood sample and may use force if necessary to obtain that sample; or
  2. If the individual is admitted to a hospital and hospital staff obtains blood or urine samples for medical purposes, the investigating officer may obtain a sample for law enforcement testing purposes.

Refusing to submit to alcohol testing or to successfully complete a test for alcohol content will result in a 12-month suspension of driving privileges, regardless of the outcome of the criminal trial in most cases.

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