Do I get to chose whether I take a blood, breath, or urine test?
The decisions that you make after being arrested for a DWI/DUI are critical. They can make or break your case. One of those decisions is whether or not you agree to take a test. This part can be a little confusing, and you should always contact an attorney prior to making your decision.
There are three different types of tests that can be administered when you are arrested for a DWI/DUI. Those tests are breath, blood and urine. Breath is in one category of test and blood and urine are in another.
If an officer asks you to submit to a DMT breath test, you must submit to that test. Refusal to do so will result in an additional, more serious, test refusal charge. The officer does not need a warrant for this type of test. In a situation like this, you do not have the option of a different type of test. The other category of test is blood and urine. In a situation where an officer is requesting that you take a blood or urine test, they are required to have a warrant.
If they do not have a warrant, you do not have to take the blood or urine test. Additionally, you can choose whether you take a blood or urine test.
For example: If the officier requests a blood test and you have a fear of needles, you can say no and they have to offer you a urine test. If they do not offer you the option of urine, you cannot be charged with test refusal. If you were to refuse the urine test as well, then you could be charged with test refusal.
The decisions that you have to make after being arrested for a DWI/DUI are extremely difficult and can be very confusing. If you find yourself or a loved one arrested for DWI/DUI, contact Gerald Miller P.A. right away to discuss your options and help you make the best decision. We take calls 24/7.
Article link: Blood and Urine Testing Following a DWI Arrest
