19Nov 2014

Should I Take any Tests? Like Breath or Blood?

This is a question that every DUI lawyer gets asked frequently. The answer, like most everything in law, is "it depends." Vermont, like many states, has an "implied consent" law, which means that if you are arrested by an officer under suspicion of DUI, you consent to having your breath or blood tested for blood alcohol content (BAC). Unless you were involved in an accident that resulted in another being seriously injured or killed, you do not HAVE to submit to the test. If you are ABSOLUTELY certain your BAC is below the legal limit, then taking the test is, of course, a good thing to do. If you are unsure it may be better to not submit to the test, or if you do, choose the breath test as its results are lest reliable and more open to challenge than a blood test. A first-time refusal of a BAC test will result in a suspension of 60 days and the fact that you chose NOT to take the test WILL be used against you. Subsequent refusals will result in lengthier suspensions and, ultimately, a lifetime suspension of your license. As with any point of law, if possible, get professional advice before you make any decisions.