What is the Penalty for Refusing to Submit to a Breath or Blood Test Once a Driver has Been Arrested?

(Last Updated On: October 19, 2018)

A Look at the Penalty for Refusing a Test

If the driver refuses to submit to or successfully complete any one of the tests requested, the officer must inform the driver that the penalty for refusing shall result in a license suspension for 12 months.

Almost any failure to expressly agree to the test(s) or successfully complete them will be deemed a refusal and result in a 12-month revocation of driving privileges.

If a driver refuses to complete the test(s) as requested by the officer then the statute mandates that none shall be given with two exceptions.

  1. The officer can attempt to obtain a search warrant for a blood sample.
  2. If a sample of the driver’s blood or urine is taken for any other reason within two hours of the time of driving (e.g., a doctor may require a blood sample because some medical procedures cannot be safely performed if alcohol or drugs are within the body), the officer is entitled to a portion of that sample.

Ensure that during your consultation, you discuss your potential options in regards to refusing a sobriety test.

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