With the speed of electronic warrants, manageable within minutes, and the immediate availability of phlebotomists (persons certified to draw blood), it makes little sense to refuse. Refusals carry a significant penalty on the license, multiplying the number of months of revocation, and in a very high percentage of the cases, law enforcement gets what they wanted and needed for the DUI anyway!  Refusal hearings can and are won by lawyers with sufficient experience, but the exposure is not worth the risk.

It must be pointed out that a driver can refuse field sobriety tests or a preliminary breath test (PBT) without it being the kind of refusal I’m talking about here. If the officer has formally requested a blood alcohol test in the form of breathalyzer, blood or urine, following a lawful arrest, along with an admonition advising of the effect of the results of that test, then the refusal penalties may apply. know the true exposure before the refusal, or take the test.  When choosing to refuse, don’t rely on what you may have heard at the bar or in casual conversation because loss of the ability to drive is not casual!

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