Can I refuse to take a blood, breath, or urine test?
When you are arrested for a DWI/DUI, the arresting officer will undoubtedly ask you to submit to either a blood, breath or urine test. Whether you take that test or not is a critical decision and can have very serious consequences. You can refuse to take these tests, but you will be charged with the crime of refusal, which is going to automatically be a more serious offense than it may have been if you chose to take the test.
The answer is not that simple though. Breath tests can be confusing for many, as there are generally two breath tests that an officer requests. The first is called a PBT and it is generally done on the side of the road, or wherever you were pulled over. This is not an official test, and you cannot be criminally punished or charged for refusing it.
The other type of breath test is called a DMT. This is the official test and you will be charged with a crime if you refuse to take it. You can refuse it, but you could be making the situation worse for yourself if you do.
Blood and urine tests are in a different category that breath tests. You are, in a way, allowed to refuse a blood or urine test without consequences. However, if you refuse both you will be charged with the more serious crime of refusal.
Here is an example: The officer has a warrant for blood or urine and requests that you take a urine test. You have a problem urinating in the presence of others, so you decline. The officer is then required to request a blood test from you. You must take this test. If you do not, you will be charged with test refusal.
Finally, if the officer does not have a warrant for your blood or urine it is within your legal right to refuse and you cannot be charged criminally for that in DWI/DUI arrests. If you are arrested for a DWI/DUI, call the experienced attorneys at Gerald Miller P.A. right away. We can help you make these difficult decisions.
Explore more: Refusing Blood Test or Urine Test is No Crime Without a Warrant
