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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."
What else can I help you with?
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."
Can I refuse a blood test requested by my doctor?
Yes, you have the right to refuse a blood test requested by your doctor. However, it is important to discuss your concerns and reasons for refusal with your doctor to ensure you understand the potential consequences of not having the test done.
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.
What happens if you refuse to take a blood test?
If you refuse to take a blood test, you may face legal consequences such as fines, license suspension, or even arrest, depending on the circumstances. It is important to comply with the law and follow the instructions of law enforcement officers.
Are you allowed to deny a breathalyzer test during a police stop?
Yes, you have the right to refuse a breathalyzer test during a police stop, but there may be consequences such as license suspension or other penalties.
Can ethanol affect A breath test?
Yes, ethanol can affect a breath test by causing a higher reading due to its presence in the breath. Breath tests are designed to measure the amount of alcohol in the breath, which correlates to blood alcohol concentration. Ethanol in the breath can lead to a false positive result on 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.
Refusing to submit to a sobriety test is your right by law true or false in Florida?
You can refuse a field sobriety test and that is your right and you cannot be punished from refusal alone. If you refuse a blood or urine or breathe test then you automatically have your driver's license suspended for a year.
