A lot of clients ask me whether or not they should have taken the breath test, or if they should ever take one in the future. I don't generally advise them which one is better, but simply supply them the information they need to make their own decision.
The most immediate impact of your decision is if you refuse a police request to take a breath, urine, or blood test, you will lose your driver’s license for one year (or two years if this is your second refusal in seven years). In addition, if you refuse to take the test, the police and prosecutor are allowed to tell the jury of your refusal at trial, but only for the purpose of showing that the test was offered and not as evidence of your guilt.
In most instances, if you refuse to take the test, the police will seek a court-ordered search warrant to draw your blood, have it tested for alcohol and drugs, and be able to use the results against you at trial. Do not resist the search warrant.
The most immediate impact of your decision is if you refuse a police request to take a breath, urine, or blood test, you will lose your driver’s license for one year (or two years if this is your second refusal in seven years). In addition, if you refuse to take the test, the police and prosecutor are allowed to tell the jury of your refusal at trial, but only for the purpose of showing that the test was offered and not as evidence of your guilt.
In most instances, if you refuse to take the test, the police will seek a court-ordered search warrant to draw your blood, have it tested for alcohol and drugs, and be able to use the results against you at trial. Do not resist the search warrant.
