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If you've been arrested for DWI and were asked to take a chemical test, it's important to know your options if you refuse. Here's what you need to know.

What To Do Next After Refusing A DWI Chemical Test?

If you’ve been arrested for driving under the influence and were asked to take a chemical test, it’s important to know your options when refusing. Keep in mind that you could be facing serious consequences if you refuse the test. 

Before you go on to refuse a DWI chemical test, it is important to know what all of your legal obligations are during a DWI arrest. You can face some charges if you are not aware of the consequences. On the other hand, if you decide on your own, some things can help make it easier for you and reduce your legal obligations.

What is DWI Chemical Test?

A DWI chemical test is a simple blood or urine test that can determine if a driver is under the influence of drugs and/or alcohol. It measures blood alcohol level or blood level of drugs. If the level of intoxication is high, the police may suspect that you haveused drugs or consumed alcohol before driving.  

If you have been arrested for a DWI, it is important to know your legal obligations during a DWI chemical test. In most cases, a person who takes this test may have their license suspended for at least one year. If your arrest was for an actual drunk driving offense, your license could be suspended for up to two years, depending on its circumstances.

Why Do I Have To Take A DWI Chemical Test?

If you were arrested for driving with a Blood Alcohol Content (BAC) of .08 or higher, the police and prosecutors could deem this an aggravating factor.

Aggravating factors are any violations that can make the charge more serious, such as having open containers in the vehicle or if you are intoxicated during the offense. The BAC test demonstrates if someone is intoxicated during his or her arrest and while they’re being booked in jail. The police can use this as evidence against driving under the influence charges.

Consequences of Refusing DWI Chemical Test

If you are pulled over while driving and are believed to be drinking or using drugs, the police officer may ask you to take a blood-alcohol test. Depending on the circumstances of your case, you may face the following consequences based on the circumstances of your offense:

  • You could be charged with a DWI if you refused to take a blood or urine test. The penalties could range up to one year in jail and $1,500 in fines if it’s a first-offense conviction. 
  • The officer in charge also has the authority to suspend your license if you refuse to corporate with a DWI chemical test.
  • When a person refuses to take a test, the officer can also charge you with the case of driving under intoxication. 

However, refusing a DWI chemical test does not mean that you would escape from additional punishment for other charges that can apply for driving under the influence.

When deciding whether or not you want to take a chemical test, the decision can be intimidating, especially if you are facing one for a first offense. Remember that your options for fighting the DWI charges are best when you hire a professional attorney to help you in this case.

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  • Like this story mentions, having to FightDUICharges for refusing DWI tests such an the breath or blood screening for BAC levels can have serious consequences and sometimes benefits for a DWI case. Under new DUI, DWI laws, many states now suspend a driver’s license for a refusal offense.

    However, a person still may have the best odds of avoiding a more serious criminal DUI conviction by refusing chemical tests, since this is often the prosecution’s best evidence to prove a drunk or drugged driving case.

    April 14, 2022

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