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Implied consent laws

Consequences of refusing to testing DUI / DWI

The uniform vehicle code states:

Anyone arrested for operating a motor vehicle or a motor vehicle while intoxicated or under the influence of alcohol is presumed to have given consent to a chemical test of your urine, breath or blood, for the purposes of reviewing the content of alcohol in the blood.

Most states have adopted this provision implied consent Uniform Vehicle Code as part of their DUI law and issued implied consent laws. Any licensed driver was “regarded” as that would have allowed the police to conduct a “chemical test of your breath, blood, urine or saliva” to see how much alcohol you have in your system. Of course, this “consent” was quite coerced. If a driver decides to be irremovable and retain the consent or refusal to test when he was arrested on the road, the state could use this as an excuse to suspend stubbornness license made.

Refuse the breathalyzer test can result in an automatic suspension of driving privileges in most states. The suspension period may vary depending on state law. In addition to the suspension of driving privileges, it also may have to pay a fine. In some states like Ohio, if you already have a previous conviction for DUI and refusing the breathalyzer test, you will have to spend time in jail.

When you refuse a breath analysis test, the officer may ask you to take a chemical test, i.e. a blood test or urine depending on your state law. You cannot deny taking a chemical test. The police can use reasonable force to administer the test. This is reasonable depends on the circumstances.

Punishment in California

If a suspected DUI offender refuses to take a BAC test chemical, it could result in a citation.

If a suspected DUI offender refuses to take the breathalyzer test but accepts a blood sample test performed, this can result in being exempt from a charge for rejection.

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