If I am pulled over for a DC DUI should I refuse to take the chemical test?
Unless there was an accident, police cannot force a person to submit to a blood, breath, or urine test, but you probably should not refuse to take the test if asked.
Under D.C.’s Implied Consent law, refusal to submit to chemical testing will result in an automatic administrative license revocation for a period of 1 year. Refusal will also result in losing eligibility for the prosecution’s pretrial diversion program. The law does, however, allow one to refuse to submit to certain chemical tests based on religious reasons.
The court and jury may see a refusal of a chemical test as consciousness of guilt. Your defense could try other arguments to rebut this presumption, but it is in your best interests to submit to the test.
You can refuse to take the chemical test, but you must be aware of the heightened penalties you may receive for doing so.
Related Questions:
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