Can You Refuse a Blood Alcohol Test During a DUI Arrest?

If you were pulled over at a DUI checkpoint in Chicago, and the law enforcement officers have reasons to believe that you were in fact driving under the influence of alcohol, they are going to ask you to submit yourself to the field sobriety tests. These are all pretty straightforward tests, but they are in no way mandatory – you need to volunteer and even if you refuse to submit yourself to field sobriety tests, it is not going to have any consequences. With that said, in case you were already arrested and the law enforcement officers believe that you were driving under the influence of alcohol, you will be taken to the station for the BAC (Blood Alcohol Content) test. It can be either a breath test or a blood test. There used to be a urine test, but it is no longer the case.

Of course, you may refuse to submit yourself to the breath test if you have a health condition, for example, asthma and you will be unable to breath hard enough into the device. In that case you will have to submit yourself for the blood test. This is where things get tricky. See, although you can refuse to submit yourself to the blood test, it is not going to be a good idea. Refusal is not going to play well in court. Refusal to submit yourself to the blood alcohol test is going to be deemed as an aggravating factor for your DUI case. As a result, you are going to face harsher legal penalties and consequences. Of course, there is also the matter of forced blood test. This is when the law enforcement officers ignore your refusal to submit yourself to the test and perform it forcefully. However, recently, there was a new law released, which states that the law enforcement officers have no rights to perform forced tests on you, since it is in direct violation of the 4th Amendment. 

Nevertheless, even though the results of a forced blood alcohol test will not play in court, the judge and the prosecution are both going to consider it as your refusal to submit yourself to the test and it is all back to the square one. The situation is undoubtedly tricky. One thing is 100% certain – in case you or your loved ones are in such a difficult situation, the very best option for you would be to get in touch with a qualified as well as genuinely experienced legal representative at the earliest opportunity.

Contact our law offices today and we will be able to review the case thoroughly, review all the evidence against you and will eventually come up with a solid defense strategy that may well help you avoid the harshest penalties. Otherwise, you risk facing severe charges and, as a result, equally severe punishment, which will have a devastating impact on your day to day living and it is the last thing you want to happen.

Law Offices of Chicago DUI Experts