Do I have a choice to refuse a breath or blood test ?

Yes! The person arrested for DWI may refuse to take the requested test. Such a refusal, however, can result in the following penalties:

• 1) suspension of your driving privileges for 180 days if this is your first arrest for DWI;
• 2) a two year suspension for a subsequent arrest within ten years if, in the first arrest you refused to submit to testing; and,
• 3) the admission into evidence of your refusal to take the breath test in the subsequent DWI criminal trial. The purpose of this admission, from the prosecution's viewpoint, is to imply to the judge or jury, that the refusal was premised on the belief that the driver thought he was too intoxicated to pass the test.

But, even if you do submit to alcohol concentration testing and fail, your driver's license privileges can be suspended, and the test result may come into evidence in the criminal trial. The possible suspension periods here are as follows:

• 1) 90 days if your driving record shows no prior alcohol related arrests; and,
• 2) one year if you have a prior conviction or suspension within the preceding ten years.

There is one more point about refusals to be aware of, however, a police officer may force you to submit to testing if:

• 1) there is an accident;
• 2) the officer has a reasonable belief that any individual has died or will die or another individual (not the person arrested) has suffered a serious bodily injury; and,
• 3) the person driving refused to give a voluntary specimen.