Does one have the right to refuse chemical tests?
Yes, unless there was an accident. If there was an accident, you must give breath or blood or urine sample if asked. If you refuse, you can be taken to a hospital where blood can be taken from you by force.
What are the consequences of refusing a chemical test? Is it a good idea for me to refuse a breathalyzer, urine sample, or blood test for my BAC?
If you meet certain criteria and your blood alcohol concentration, as measured by a breathalyzer, is below a certain amount (see our DWI, DUI and OWI page), you are eligible for a pretrial diversion, meaning that you won't have a DWI conviction on your record. However, if you are charged with refusing a chemical test, you aren't eligible for this diversion, and your case will go to Superior Court.
The DWI defense attorney at the Public Information Center for D.C. Traffic Law can answer all your questions about refusing chemical tests and about the penalties for refusal and for drunk driving. If you have any questions, or to speak with a DWI or traffic defense lawyer, please do not hesitate to call us at (202) 638-7500. We offer a free full discussion to all potential clients with no obligation. We will take the time to explain your rights and responsibilities to you.
If you prefer, you may e-mail our office, or fill out the form on the Contact Us page of this website and a representative from the office will be in touch with you as soon as possible. Don't leave your driving privileges or your freedom to chance. Call the Public Information Center for D.C. Traffic Law today.
