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Question:
Should I agree to take a chemical test? What happens if I don't?
Answer:
The consequences of refusing to submit to a blood, breath or urine test varies according to the state. Generally, there are three adverse results:
- Your driver's license will be suspended for a period of time, commonly three, six or twelve months. This may be true even if you are found not guilty of the DUI charge; in California, the suspension for a refusal on a first offense is one year.
- In some states, refusal is a separate crime; in others, it adds jail time to the sentence for the DUI offense (in California, 48 hours).
- The fact of refusal may be introduced into evidence as "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal.
Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing.
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