Blood and Breath Alcohol Tests
Neither one can be taken without your consent. If you decide to take one of the tests and fail it, your driver’s license will be suspended for 90 days and you will be giving the police additional evidence to prove that you were driving while intoxicated. However, if you refuse to take a breath or blood test, your driver’s license will be suspended for 180 days, and the only evidence against you will be the arresting officer’s opinion that you were intoxicated.
Additionally, if you take one of the tests and score above 0.15, you will be charged with a Class A misdemeanor instead of a Class B misdemeanor. Since your license will be suspended either way, if you are unsure of your intoxication level, it makes sense to decline to take the tests, which gives you a greater chance of beating the DWI case in a jury trial.
However, it is important to remember that if you are arrested, the police may get an evidentiary search warrant signed by a judge, which allows a medical person to draw your blood to test your blood-alcohol level. The police will sometimes obtain a search warrant for a blood draw when a driver arrested for DWI has refused to take a breath test. Your lawyer can challenge the adequacy of the warrant and attempt to get the results of the blood test suppressed and kept out of evidence. If the officer obtains a warrant for your blood you should not resist.