Drunk Driving Defense, DUI Arrest - FAQs
7. Should I submit to taking a chemical test? What are the consequences if I refuse?
While you have the option to refuse chemical testing, there are three consequences that you will face:
- Instead of the 4-month license suspension for first time offenders, you will receive a 1-year suspension. For second offenses in the last ten years, there will be a two-year suspension. While there is a work-restricted license option for those who were found guilty of a blood-alcohol level above .08%, you will not have this possibility available to you.
- There is a minimum jail sentence that is a mandatory penalty if a refusal was written in the complaint.
- If you choose to refuse breath, blood, or urine testing, the evidence can be used against you in court as
consciousness of guilt
. Your defense can suggest other possibilities, like a phobia to needles or that you were unable to blow into the breathalyzer hard enough.
And so, in the end, the decision is yours to choose between the penalties of refusing to take the tests and an incriminating blood-alcohol level.
