If you got pulled over by a police officer and were asked to take an intoxication test, but refused one, a couple of consequences can occur.
One factor you should know is a term called implied consent. This applies to anyone who has a U.S. driver’s license.
Implied Consent and Your Driver’s License
Implied consent means when you get your driver license, you have implied that you consent to submit to a chemical test for intoxication when requested by a police officer.
Testing your breath is typically the chemical test of choice by states, but officers can also draw blood.
In some states, you are not entitled to consult with an attorney prior to making your decision whether to submit to a chemical test or not.
Right to Refuse
A person arrested does have the right to refuse a chemical test. There are a few exceptions on a state-by-state basis that could lead to a forced chemical test upon refusal by the individual.
However, you do not get off without consequence for refusing a chemical test. Refusing the test will result in a license revocation. Many states have now criminalized a chemical test refusal. So, refusing a breath test can also lead to an additional misdemeanor offense in many states.
No Refusal Weekends
Roadside tests during “no refusal weekends” are different. In Texas, if you say no to a breath test, an officer will obtain a warrant from a judge for a required blood test. Judges are on call round-the-clock to give out these warrants. No refusal weekends are usually during the holidays, where drunk driving unfortunately increases.
Right now, Arizona, Florida, Idaho, Illinois, Kansas, Louisiana, Missouri, Texas and Utah enact “no refusal weekends.” 21 other states could also legally enact “no refusal weekends.”
The best option is to not drink and drive. You will be keeping our roadways safe. If you plan on going out and drinking with friends, do so responsibly. Make sure you have a designated driver or order an Uber or Lyft ride.
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