Can drivers refuse chemical tests?
The three standard chemical tests for DUI incrimination are breath, blood or urine (urinalysis), and in most states, the driver can choose the test. Many jurisdictions test blood or urine after a breath test because a breath sample cannot be saved and later reanalyzed by defense attorneys in a court of law. Although chemical tests can be refused, the refusal does not come without serious consequences. All states honor an “implied consent” law, which considers individuals who hold an active driver’s license as automatically agreeing to submit to blood, breath or urine tests to determine sobriety. Refusal to take these tests can result in the suspension of a driver’s license for 3-12 months, and may prove detrimental to the driver. If a drunk driving case goes to trial, prosecutors can iterate that chemical tests were refused, prompting suspicion of intoxication or “consciousness of guilt.” And in some states, refusal is a separate crime that adds jail time to the sentence for the DUI of
