If I am arrested DUI, am I required by law to take a blood test or breath test?

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Usually, yes. But, it depends on where you live.

Most states now only issue their driver's licenses on an "implied consent" basis. That means as a condition of being granted a license, you agree to have your blood alcohol content (BAC) tested through a chemical exam - such as a urine test, blood test, or breath test - whenever you're suspected by a law enforcement officer of DWI or DUI. So, if you live in an implied consent state, you're required by law to comply. (Before being asked to take a chemical test, the officer may ask you to undergo a field sobriety test or two - such as walking a straight line or touching your nose.)

If You Refuse DUI Testing

Now, you can refuse to abide by the law. Just like if you live in an area which requires you to keep your sidewalk clear of snow, you can choose not to shovel. But, as always, there are consequences for your actions.

And, in the case of suspected drunk driving, that could mean a suspended or revoked license (for several months to a year or more), or even jail time. The penalties vary according to your location and your situation. If you're a repeat offender, your punishment will be even more severe.

If you find yourself in this sort of a mess, it's a good idea to consider hiring a DUI lawyer. These lawyers specialize in arrested DUI situations; they know the applicable DUI laws and DUI test procedures, penalties, and options, and can explain everything to you in a clear manner. They'll help ensure your rights are protected, and may even be able to get your punishment reduced or the charges dropped if the conditions warrant it.

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