Test Refusal

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Definition of Test Refusal

Refusal to take a chemical test (test of you blood, urine or breath) can have severe legal consequences. States have implemented implied consent laws which means drivers have given their consent to submit to a chemical test if they are stopped for DUI or driving under the influence of alcohol.

Drivers who refuse testing may have their driver's license automatically suspended. This is called an administrative license suspension, and this DUI penalty is separate from additional criminal actions that a driver may face. State laws will determine the length of time for the administrative license suspension. In addition, refusal in some states may be considered "consciousness of guilt" and the refusal may be presented as evidence of guilt at the driver's DUI trial.

Drivers may or may not have the option of seeking legal counsel prior to determining if they should or should not refuse the test. Some states allow drivers to find counsel prior to making a decision and other states do not. Some states allow a "reasonable period of time" to make contact and if it is done within this specified time, it may not be allowed. If you have been arrested for DUI and have either refused to take a chemical test or have submitted to a chemical test and failed, contact a DUI lawyer for help.

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