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Refusal to Take Blood, Breath, or Urine Test

If you get pulled over for a DUI and the officer asks you to take a blood, a breath, or a urine test, do you have to take one? What happens if you refuse?

Every state has implied consent laws that require drivers to submit to a chemical test when law enforcement officers have probable cause to believe the drivers have been driving under the influence of alcohol or drugs. Drivers can usually choose between a blood or breath test for blood alcohol content and a blood or urine test if drugs are suspected. Some states still use urine tests in alcohol cases, although this is being phased out because of its lack of reliability. By applying for and receiving a driver’s license, you are presumed to have agreed to take one of these tests if asked to under the appropriate circumstances—thus the term “implied consent.” If you refused to take the test, you will be subject to a number of penalties, which vary from state to state. To learn more about these penalties, click on your state, below.

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