Can a person still be prosecuted if they refuse to take a blood, breath, or urine test?
Yes. The statute prohibits a person from driving if they are under the influence and are incapable of safely operating their motor vehicle. Therefore, if there is other evidence of the person being impaired, they can still be prosecuted regardless of any refusal to take a test. Additionally, the person’s refusal is admissible evidence at trial. A refusal also results in an automatic suspension of the person’s drivers license and if they are found driving within the next five years with any detectable amount of alcohol in their body, they are guilty of a Class B misdemeanor under §41-6a-530.
