If you're pulled over on suspicion of driving while under the influence of alcohol or drugs, you may be subject to an alcohol blood test, usually to determine your blood alcohol content. While the law varies from state to state, if you are required to take an alcohol blood test, refusing will almost certainly result in an automatic suspension of driving privileges and possible further consequences.
Implied Consent
Many states give you a driver's license with the understand that by holding the license and driving a vehicle, you are giving implied consent for a breath and/or blood alcohol test. If you're pulled over, there is no question about whether or not you have the right to refuse such a test—implied consent is in effect, so if you refuse, there are consequences like loss of license.
Most states require a breath test at the scene when you are pulled over and the officer suspects the driver is impaired. A field test is typically done first, and if the driver leaves doubt about his or her sobriety after walking a line, touching finger to nose and things like reciting the alphabet backwards, he or she may be asked to take a breath test which will measure the level of alcohol in his or her system. Some states may allow the officer to immediately arrest the driver and take them for an alcohol blood test, thought most allow for the immediate breath test on the scene.
When an Alcohol Blood Test is Necessary
If someone involved in an accident is believed to be impaired and they're unable or unwilling to take a breath test, a blood alcohol test will be performed. A blood test does more than just find out how much alcohol or drugs a person has in his or her system. It's also used to:
- Determine if the impairment is from another condition, if no alcohol or drugs are found
- Find out what kind of drugs were used
- Test accident victims who cannot give a breath test to determine if any substances were involved in the accident
The test itself is a simple need prick in which blood is drawn from a vein in the arm and tested. The results could help the state in a case against you for a DUI, and could help someone in a suit against you if the results of a blood alcohol test are deemed to be the cause of an accident that resulted in damage or injury.
Contact one of our experienced drunk driving lawyers in your area today!
