Even if you're confident that you'll never be in a situation in which you're pulled over for suspected drunk driving, you need to be aware of your legal rights. A police officer will have been trained to follow certain protocols. If you don't understand your rights, you could potentially turn an otherwise benign situation into a hostile one.
Below, I'll explain the different tests that can be used to measure the level of alcohol in your system. I'll also describe a few factors that you need to be aware of prior to submitting to a test. Lastly, we'll explore the concept of "implied consent" and what can happen if you refuse to submit to blood alcohol testing.
Your Right To Choose The Test
There are three main ways in which your blood alcohol level can be tested: through your breath, blood, or urine. A lot of states will allow you to select between having your breath or your blood tested. Some states will let you opt to have your urine tested. Still other states will force you to take a breath test, but also let you take one of the other two in order to validate the results of the breath test.
If you want to validate the results of a breath test, it's worth noting that having your blood tested is usually more accurate than urine. It takes time for your urine to accurately reflect the level of alcohol in your system. Also, if you're taking any medications, it's important that you let the police officer know. There are a lot of prescribed drugs that can elevate the blood alcohol reading.
Your Right Of Refusal
Millions of motorists realize that they can refuse being tested, but they misunderstand their legal right to do so. To clarify, you do indeed have the right to refusal. But, refusing to submit to testing carries consequences. In most states, your license will be suspended. There are even a few states in which refusal can result in automatic criminal charges. Plus, if you refuse, a police officer can pursue a search warrant that provides them access to your blood for testing purposes. These consequences are the result of the "implied consent" law.
Implied Consent And The Law
Most states have some form of the implied consent law for motorists. The concept is that every motorist implies their consent to chemical testing by the simple act of operating their vehicle on a public road. This is the reason why your legal right to refuse being tested carries such severe consequences. In essence, you have already implicitly agreed to submit to the test.
If you have already been charged with drunk driving, you should hire a defense attorney who has experience with similar cases. Not only can they offer valuable insight regarding how to challenge testing results, but they can also ensure that your legal rights are protected.
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