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If you’re pulled over and suspected of drunk driving, the police officer who pulled you over may ask you to submit to a chemical sobriety test to measure your blood alcohol content, or BAC. Depending on the state where you live, you may be asked to perform one of the following BAC chemical tests:
This method is commonly referred to as a breathalyzer test, where the device measures your BAC by estimating the amount of alcohol on your breath and converting that figure to an approximate BAC.
The officer draws a blood sample to directly measure your BAC.
This method measures the amount of alcohol in your urine to determine your BAC.
Having an officer ask you to submit to chemical testing can provoke anxiety. You might not feel intoxicated, but what if the test shows your BAC is over the legal limit? Or what if you know you’re sober and think you don’t need to take the test?
When you apply for and receive your driver’s license, you agree to rules and regulations referred to as implied consent laws, which include:
By accepting your state-issued driver’s license, you have already agreed to submit to chemical testing if requested. So when an officer asks you to perform the test and you refuse, you are violating implied consent laws.
You will be subject to the following penalties if you refuse to submit to chemical testing:
Even if your chemical test finds that your BAC is within your state’s legal limit, you will be subject to the above penalties. If your state has a DWAI charge, you might be subject to increased penalties.
To prevent people from refusing chemical testing, some states have created no-refusal policies that allow law enforcement officials to get immediate search warrants to complete the chemical testing. Some states consider refusing chemical testing an admission of guilt, which comes with the consequence of more severe penalties if convicted of a DUI.
If you are charged with a drunk driving conviction and refused to submit to chemical testing, it may be in your best interest to hire a DUI attorney. A DUICare expert can help you locate an attorney to help determine your best defense.