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:
- 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
- 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.