Refusing Testing Following a Howard County DUI
Many people do not know that they have the right to refuse DUI testing. Under any circumstance, a person cannot be forced to submit to a blood draw. However, refusing testing following a Howard County DUI can also have criminal consequences. Some consequences for refusing breath and blood tests include losing a driver’s license for up to nine months on a first offense, and there could be additional sanctions against them in the criminal case if found guilty. A qualified DUI lawyer could attempt to protect an individual and mitigate the penalties they may face for refusal.
Samples Used in Alcohol and Drug DUI Cases
Virtually everyone that is involved in a DUI is primarily offered breath samples and breath tests. However, if someone has a medical need to go to the hospital, they give them a blood test. Blood is typically used for suspicion of narcotics, because the breathalyzer, the intoximeter test, only detects alcohol. If somebody appears to be under the influence or blow to 0.0, they might ask the person to submit to a blood test because of how they acted during the observations.
Implied Consent When it Comes to the Consequences of Refusal
Driving is a privilege and like any privilege, it can be taken away. If a person wants the privilege of driving on Howard County or Maryland roads they agree, by virtue of being a driver, that if an officer has reasonable grounds to believe they are under the influence during a traffic stop, they will submit to the field test and the breath test back at the station.
If a person refuses to do so, they will suffer certain sanctions, both administratively and criminally, for the refusal to submit to those tests.
Consequences of a Blood and Breath Test Refusal
There are a few consequences for refusing testing following a Howard County DUI. On a first offense, they are likely to lose their license for a period of nine months, they are not eligible for a restricted license and there is a potential for an additional two-month incarceration period that a person can face. It is an enhancement by virtue of the refusal.
If it is a second or subsequent offense and refusal, jail is usually a consequence. With a third offense, instead of nine-months suspension, it can be one to two years, even longer, that a person will be unable to drive or get their license back. On any DUI offense, regardless whether they refuse testing or not, if they blow over or they give a refusal, it would be a smart move to engage in some form of substance education program in order to mitigate consequences.
Justifiable Reasons for Refusing a Blood Test
Refusing testing following a Howard County DUI is not always unjustified. There are situations where someone may not have the long capacity sufficient to blow into the instrument. It could be that the person has emphysema or asthma or just cannot produce the breath.
If it is an issue of insufficient breath, that is not a refusal, but sometimes an officer can count it as a refusal, assuming the person is not trying hard enough. A person can challenge that it was not an intent to refuse, they tried to comply, but they just do not have the lung capacity. They can show support with medical records or documents. If an individual wants to know more about providing justification for DUI test refusal, they should contact an accomplished lawyer that could help.