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If I choose the blood test during a DUI arrest does that mean I automatically refused the breath test?
Question:
If I choose the blood test during a DUI arrest does that mean I automatically refused the breath test?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Refusal of breath test laws in a given state will greatly vary from any other state. These laws, otherwise known as refusal to submit or implied consent laws, are subject to a number of case-specific and state-specific factors. Furthermore, what is outlined by statute in a given state may not be the actual vision of the law respected by the courts or law enforcement, in practice.
In general, a breath test administered at the scene of a traffic stop is considered a field sobriety test, depending on the state. While reliable in some aspects, most law enforcement agencies, if the capabilities exist, attempt to take blood samples from suspects after arrest for a more definitive source of evidence against an offender. Refusal of either test, depending on the state and the specific events surrounding the arrest, may constitute a refusal to submit. If given the option between a blood test and a breath test, a driver does not automatically refuse to submit to the breath test. Rather, he or she has elected to take another form of admissible chemical testing.
Another notable element of refusal to submit offense is that law enforcement must adequately inform drivers of their rights, specifically the rights regarding chemical testing, refusal to submit, and applicable penalties, before obtaining a viable chemical or blood test sample from a suspect. If you have concerns or issues concerning your DUI arrest, specifically any applicable refusal to submit offense, it is important to consult with a DUI lawyer as soon as possible following the arrest.
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