Can You Refuse DUI Testing?

When you are pulled over at a DUI checkpoint, you will be asked by police to take the breathalyzer test. This is done in order to determine if your blood alcohol level is above the legal limit which will result in a DUI. However, you must be aware that although it may seem compulsory to submit to the test, you still have the right to refuse it. When you refuse to take the test, you must be ready to handle the consequences associated to your refusal. You can easily and effectively handle it with the help of a DUI lawyer.

What Happens When You Refuse The Test?

In the event you refuse to undergo the breathalyzer test, you will be detained in jail for the night. Even if you agree to take the test and end up with a result showing an alcohol level of .08 and higher, you will be detained in jail. Your license will also be suspended, but it is better than having a DUI charge which is a criminal offense. As such, by refusing to take the test when you know that you had a few drinks, you may just prevent a criminal conviction that will stay on your record.

DUI Testing

Your Suspended License

You have to expect that your driver’s license will be suspended for a year once you refuse taking the DUI test. Nevertheless, you can still opt to complete 12 hours of driving school in order to secure a temporary license for business purposes so that you can still drive to work or school. If you take the DUI test and the results show that you are over the legal alcohol limit, not only will your license be suspended for a year, but you will also have to face criminal suspension instead of a civil suspension. Regardless of whether you take the test or not, you must hire a lawyer within ten days to help you get your license back before it is officially suspended. A temporary license may be provided during these ten days so you can still drive, but your license can be officially suspended unless you have a lawyer prevent it.

Also read: Understanding Florida DUI Laws

Why You Need A Reliable Lawyer

When there is no evidence to prove that your blood alcohol level was above the legal limit, your lawyer can help you get your license back. This is why many people refuse to take the DUI test. However, you must be aware that regardless of whether you take the test or not, hiring a lawyer to represent you is the best way to deal with the situation at hand. Not all police officers follow a certain procedure when assessing a driver for DUI and the equipment used to process DUI tests are not always accurate. This is why a lawyer who has years of experience in DUI cases will be to your advantage.

When you consider the situation where a police officer stops a driver at a DUI checkpoint for driving under the influence, an intoxicated driver will not have the mental capacity to go over his rights and refuse the test. A sober driver on the other hand, can calmly insist on his rights and refuse to take the DUI test.

Guest Author: Valerie Allans is a freelance writer specializing in drinking under the influence cases. She regularly contributes articles to legal websites such as where well experienced lawyers can be consulted.

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