If a person is pulled over for driving under the influence and they are asked to take a urine, breath or blood test, they may wonder if they have to do it, and they may also wonder what may happen if they refuse. In this article, readers can learn more about DUI testing, and they can learn some of the consequences of refusal to submit.
Field Sobriety Testing
There are certain physical coordination tests administered by police to those suspected of driving under the influence. Field sobriety testing includes the one-legged stand, the horizontal gaze, and the turn and walk. As a rule, there’s no penalty for refusal to submit to field sobriety tests, although an arresting officer can testify to that fact in court.
In most instances, if a police officer suspects one of DUI, the implied consent law requires the individual to submit to chemical testing of urine, blood or breath to determine BAC (blood alcohol content). Today’s implied consent laws state that by having a driver’s license, the holder agrees to submit to chemical BAC testing.
In some areas, chemical tests must be administered within a certain time, usually within a few hours of the alleged offense. However, even if a person takes the test after that period, they can still be found guilty of DUI based on the officer’s observation of the incident. Consult a Drunk Driving lawyer in Beaver Dam WI to learn more about state law on BAC test timing.
Refusal to Submit
If a person refuses to take a BAC test they will face steep penalties, and in some cases, the punishment could be worse than if the person was found guilty of DUI. These penalties vary by jurisdiction, and they typically include jail time, fines, loss of driver’s license and an ignition interlock requirement. When one’s case goes to trial, the prosecutor can use their refusal as evidence of intoxication. For the above reasons, it typically does one no good to refuse to submit to chemical testing.
The best thing for one to do in such a situation is to learn about state law. When they Visit Website to speak to a Drunk Driving lawyer in Beaver Dam WI, clients can learn how the state’s laws affect their case, and they can come up with possible defenses to lessen the severity of the offense.