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The exact consequences vary by state. In most states, the driver can refuse the test but will lose his license and pay a huge fine. In some states the car can be confiscated, too. In some states the police will get a court order to take the blood sample, and in that case you get the triple whammy -- the drunk driving conviction, the automatic suspension, and an angry technician sticking you with a needle.
Here is a California lawyer's opinion (see related link)
Refusing to take a chemical test after being arrested for Driving Under the Influence (DUI) in California in violation ofCalifornia V.C. Section 13353 - Refusal of Chemical Test, and carries serious consequences. The refusal may be charged as a separate offense in DUI criminal court. It also can be used to suspend or revoke driving privileges in a separate DMV action (California V.C. Section 23577 - Chemical Testing: Refusal to Take or Failure to Complete: Enhanced Penalties). And even though a refusal means there is no evidence of a driver's blood alcohol content (BAC) to introduce at the DUI trial, the fact that the person refused a chemical test can be offered against them to show "consciousness of guilt."
Wiki User
∙ 13y ago
Wiki User
∙ 11y agoIf you are lawfully arrested for a DUI and refuse to submit to a BAC test, you will be subjected to mandatory license suspensions. Additionally, you may be charged with a criminal misdemeanor for subsequent refusals.
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How long will your license be suspended for if you refuse a blood or breath test?
If you refuse to take a blood or breath test your driver licence will be suspended for 180 days
If you refuse to take blood urine or breath test to determine if you are under the influence you will automatically what?
Your drivers license will be suspended.
If arrested for DUI or alcohol and instructed by the police officer to give a breath test what rights do you have?
While the answer varies by state law, the general answer is that you have the right to refuse but you will lose your license if you do refuse. In Oregon, for example, you are required to take a breath test. You do have the right to refuse, but if you do refuse your license is suspended for at least one year regardless of the outcome of the DUI charge.
If court ordered can you refuse to take a paternity test if you were not informed of your right to refuse one?
Believe me, if you were ordered by the court to take a paternity test, there is no "right" to refuse it. The alternative to "refusing" the courts order is to suffer the consequences of a charge of "Contempt of Court."
Is it illegal in Texas to refuse a breathalyzer?
It is not illegal to refuse to submit to a breath or blood test in Texas. You have the right to refuse such tests. However, there are civil penalties which may automatically apply if you refuse to comply with a law enforcement request to take such a test. Your driver's license can be revoked for 180 days for a first offense refusal to take the breathalyzer test.
You will be administrative suspended if you have a breath or blood alcohol level of blank or above or refuse to submit to a chemical test?
If you breath or have a blood alcohol level of .08 your license will be suspended.
Can ethanol affect A breath test?
can ethanol affect a breath test
Can you beat a breath test?
No, a breath test can not be beat. The breath tests measures the alcohol content in a persons body.
When do you consent to take a chemical test for alcohol content of your blood breathe or urine?
Well common sense-wise, you give consent when the consequences for NOT doing so outweigh consequences FOR doing so. If you've not used or drank, there's no reason to refuse. But in some situations, Law Enforcement in some States can mandate you submit (consent), or they can take your license. So know your State Laws, know when it is legal to refuse, and what consequences attach to such refusal.
Can you refuse a drug test for a Medicaid physical?
You can refuse a drug test for Medicaid, but if you do, it is very likely that Medicaid will not be granted or continued.
What is breath holding test?
The breath holding test determines how long you can hold your breath. These tests can be played for fun or run for medical purposes.
Can you refuse a drug test in the army?
If you are on probation or parole or have a job that requires you to do so , no you can not refuse. any situation other than that refuse you can refuse.
