DUI Chemical Tests

If you are ever pulled over on suspicion of drunk driving, the officer who stops you will most likely ask you to submit to chemical testing in order to determine your blood alcohol content (BAC). If this happens, you will be asked to complete one of three types of DUI chemical tests: a breath, blood, or urine test.

Although breath tests—or, as they are often called, “breathalyzers”—are the most commonly administered form of chemical testing, in some cases, the officer may request a blood or urine test. If, for example, the officer suspects you are under the influence of drugs, he or she is more likely to request a urine test, while a blood test may be preferred if you were involved in a serious accident.

You may think that simply refusing to take a chemical test will prevent you from being charged with DUI. Nothing, however, could be farther from the truth. Indeed, refusing to take any form of chemical test is a crime in and of itself. As a result, if you refuse to take a breath, blood, or urine test, you may not only be charged with DUI, but you will also face charges for violating your state’s implied consent law.

If you don’t remember agreeing to your state’s implied consent law, you’re not alone. However, when you were first issued a driver’s license, you agreed to abide by the implied consent laws in your state. Simply put, this means that if any police officer suspects you are drinking and driving, he or she will ask you to perform a chemical test, and you agree to submit to the testing.

So what happens if you do refuse? Depending on the state, your driver’s license may automatically be suspended for 90 days or more. In addition, your refusal can also be used as evidence against you during your DUI trial.

Fortunately, the results of chemical tests are not always accurate, and you will not automatically be convicted if you fail. If you recently failed or refused to take a breath, blood, or urine test, you should seek legal counsel immediately after your arrest. With the right representation, you may be able to prove the results were unreliable and, in turn, prevent them from being used against you. Contact an experienced attorney in your area to discuss your chemical test results today.