Submit to a DUI Test or Refuse?

If stopped on suspicion of drunk driving, is it better to submit to a DUI test or refuse? It is a good question. Obviously the results of a DUI test can be used as evidence against you, so it is important to know what is best - submit or refuse?

First, you need to know if you have have the right to refuse a DUI test.

You may have noticed that finding a straightforward answer – yes or no – about whether you must submit to a DUI test or have the right to refuse is not easy. This article aims to make the situation clear.

Your rights depend on the type of DUI test you are asked to take.

Whether you must submit or have the right to refuse a DUI test depends on the type of test. There are three types of DUI test. Here we look at your rights for each type. Note that you have these same rights in California and all US states.

Field Sobriety Tests (FSTs)

When stopped on suspicion of DUI, officers may ask you to take a field sobriety test (FST). Conducted by the roadside, an FST involves drivers being asked to perform a series of physical maneuvers known to be difficult when intoxicated.

• FSTs are 100% voluntary – you have the right to refuse to submit to field sobriety tests.
• There are no penalties for refusing to take a field sobriety test.
• There are good reasons to exercise your right to refuse this type of DUI test.

Roadside breath tests

While still at roadside, you may be asked to blow into a portable breath analyzer which measures blood alcohol content (BAC). Breath tests conducted at the roadside, as opposed to the police station, are known as “Preliminary Alcohol Screening” (PAS) tests.

• PAS tests are 100% voluntary – you have the right to refuse to submit to these tests.
• There are no penalties for refusing a roadside breath test.
• There are good reasons to refuse this type of DUI test.

Blood alcohol content (BAC) tests after arrest

If arrested for DWI and/or DUI you will be taken to a police station (or detention or medical center) and asked to provide a breath, blood or (less often) urine sample for chemical BAC analysis.

Chemical BAC tests are covered by “implied consent” laws. All US states have enacted implied consent laws. Under these laws, the act of applying for and obtaining a driver’s license implied your consent to submit to a chemical BAC test if lawfully arrested for DWI or DUI. This means that:

• You do NOT have the right to refuse a BAC test when arrested for DWI and/or DUI.
• You must submit to a BAC test even if you have already taken a breath test at the roadside.
• There are severe penalties for refusing a chemical BAC test.

HOWEVER, this category of DUI test must be conducted lawfully. You have certain rights. You must know your rights to ensure they are not violated and exercise your rights to protect yourself.

Copyright 2008 Caroline Mackenzie