Do I Lose My License or Suffer a Penalty for Failure to Submit to a Blood Alcohol Test?
Whether it is to your best interest to refuse to submit to a blood alcohol test when the police ask you depends largely on the circumstances. One thing is certain, however: your driver's license will be suspended for failure to submit to a blood alcohol test. The license suspension may be for the same duration as for a DUI conviction, or it can even be longer than the prescribed period. And if you are convicted for the DUI offense, your ultimate jail time may be lengthened as a result of your refusal.
No Right of Refusal under U.S. Constitution
The U.S. Supreme Court, in one of its decisions, has ruled that your constitutional right against self-incrimination can only be applied to evidence that is testimonial in nature. Giving samples of blood, urine or breath gas for blood alcohol test, and conducting field sobriety tests do not constitute testimony, hence, these activities are not covered by such constitutional right. Your refusal to take a blood alcohol test can even be used as evidence that you have a guilty state of mind, if you decide to fight your case in the courts.
When It Makes Sense to Refuse the Test
In most cases, experienced attorneys will advice you to take the blood alcohol test if you have no previous DUI conviction, regardless of whether you are actually drunk or not. There is no point in refusing to take the test when the penalty for refusal is often similar or more severe than the penalty for the DUI offense itself.
The decision to submit to a blood alcohol test for repeat offenders is not that easy. If the penalty for the second DUI offense is more severe, it may make sense to refuse taking the test. This strategy may work to your advantage because you deprive the arresting police officer of crucial evidence to obtain a conviction.