If a police officer pulls you over and asks you to submit to a breath,
urine, or blood test for DUI, you may be uncertain if you have the legal
right to refuse. In short, yes, you can refuse the DUI test, but there
will be legal consequences. At Gibbons & Gibbons, we want to help
you understand the state's
implied consent law so you can make informed decisions if pulled over for suspicion of DUI.
Under the state's implied consent law, when driving on state roads,
streets and freeways you have agreed to submit to chemical testing for
DUI if there is probable cause to suspect that you have been drinking,
and when you have been legally pulled over.
If you have refused to blow or have your blood tested for alcohol concentration,
it does not necessarily mean your case is hopeless. In fact, if you were
the victim of a rights violation in the initial police stop, our firm
can get involved and seek to have the entire case dismissed. You have
rights, but don't expect the police or the prosecution to be focused
on protecting you – their job is to get a conviction. This includes
trying to get you to admit to drinking alcohol, asking you to perform
field sobriety tests to gain a higher level of probable cause for an arrest,
and treating you as if you are guilty, whether you are or not. The justice
system in our state is extremely tough on DUI drivers, and you need legal
protection immediately if arrested and charged, or if you refused the DUI test.
If you refuse the chemical test, you will potentially face fines, driver's
license suspension, and jail time. In general, it is not advised that you refuse to submit to chemical testing.
The prosecutor will likely claim that you refused the test merely because
you knew your BAC would have registered above the legal limit. Only you
know what really happened, and at our firm, we are ready to hear your
side of the story.
When you are represented by professional legal counsel you increase the
chances that you will be able to avoid the consequences of refusing the
chemical test. The team at Gibbons & Gibbons has more than 60 years
combined legal experience.
Contact us today so we can get to work on your DUI defense.