Family Law & Criminal Defense Attorneys

Is it Illegal to Refuse a Blood Test?

Avoid Self-Incrimination at a Traffic Stop

When you are pulled over for suspected drinking and driving, it’s important to know your rights. Legally speaking, you may decline to share details about your alcohol consumption and refuse to submit to field sobriety tests without penalty. Field sobriety tests are designed to give an officer cause to arrest you for drinking and driving and bring DUI charges against you. Because they are not generally considered to produce irrefutable, scientific results, you may refuse field sobriety tests in order to avoid self-incrimination.

Consequences of Refusing Chemical Tests

Chemical testing is different. If an officer requires you to take a breath, blood, or urine test in order to gauge your blood alcohol content (BAC), your refusal could have harsh, immediate consequences. Depending on the number of DUI charges and previous instances of test refusal on your record, you could have your license revoked for years. In addition to suspensions, refusing chemical tests could give law enforcement more evidence to bring against you in court.

If you hope to preserve an appearance of innocence, declining chemical testing may not be in your best interest. Unlike declining to perform field sobriety tests, refusing to undergo chemical testing will likely implicate you, rather than protect you. In fact, it creates a significant appearance of guilt and could create difficulty for you in court.

Experienced DUI Defense Lawyers

Whether you are facing DUI charges, dealing with the fallout of refusing chemical tests, or are otherwise concerned about protecting yourself in a drunk driving case, we are here to help. Our Jackson DUI defense team is here to help you work toward the best possible outcome in your case and do everything in our power to protect you from the painful repercussions of a DUI.


Call Casey, Simmons & Bryant, PLLC at (731) 256-0023 or contact us for a free case evaluation today.


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