Chemical Test Refusal

Chemical Test Refusal

Help from a DUI Attorney in Detroit

When you are pulled over for suspicion of driving under the influence (DUI), you might think you should do anything to avoid charges and an eventual conviction. You may even believe that refusing a chemical test can protect your rights by denying the police evidence to use against you. In reality, it might be exactly the wrong decision to make.

If you have been arrested for a DUI and refused a chemical test, or submitted to one, you should get into contact with Boulahanis & Associates as soon as possible. The firm’s Detroit DUI attorneys can help you understand your rights and options to protect your driving privilege. Call 313.769.8404 today and discuss the possible defense strategies you may want to use.

Why You Should Not Refuse a Chemical Test

Across the spectrum of DUI and criminal defense attorneys, the nearly-undebated consensus regarding chemical tests is to never refuse them. If you do, there is little to no good that can come of it, but plenty of disadvantages.

A chemical test is any test that is conducted at the police station and uses:

  • Blood
  • Urine
  • Breath

If you are arrested and told to take a test to gauge your blood alcohol content (BAC), ask if it is mandatory. If the answer is yes, you should comply. It should be noted that blood and urine tests are difficult for the police to conduct without a warrant due to the invasive nature of the tests.

The top two reasons you should not refuse a chemical test are:

  1. Immediate license suspension: If you refuse to take a mandatory chemical test, you are technically violating “implied consent” laws, which state that you will comply or accept the forfeiture of your driver’s license. Refusal triggers an automatic one-year license suspension that is technically an administrative penalty, not a criminal one, so you cannot contest it in criminal court.
  2. Refutable evidence: The results of a chemical test might look official and unwavering, and you may even be told that they are by the police officers conducting the test, but the truth is that chemical test results are not perfect. In fact, there are many ways the evidence can be refuted and discarded by the court.

Do Not Refuse But Prepare to Fight

Your chance to keep your driving privileges, stay out of jail, and avoid paying steep fines may hinge entirely on your decision to stand up for yourself in court. Work with the office to put highly-experienced, reputable Detroit DUI lawyers in your corner. During a free case evaluation, you can learn more about the firm’s services without paying anything upfront.