Does refusing a BAC test work against me? 1 Answers as of November 08, 2010I was involved in a car accident (I rear-ended a car that stopped abruptly at an intersection) and I had had a few drinks that night and I felt fine to drive. When the officer came he asked me to take a BAC test and I refused because I was not sure what my BAC would be even though I felt fine. I also refused a field sobriety test. Now we are taking the case to court because the other party claimed that he did not stop abruptly and that he is not at fault -I am scared because I think that the fact that I refused the tests will work against me. Will it?
Jackson White, PC | Jeremy Geigle
As a general rule, people should refuse to submit to any of the field sobriety tests as they are not designed to help the person pulled over. Sometimes an officer will ask that the person submit to a portable breath test. The results of such a test are not admissible in court; however, the results could be used to help establish probable cause for the crime of driving while under the influence. After an officer has probable cause that a DUI has occurred, then he may arrest the person and request that they submit to a blood or breath test. If this test is refused, then the person's license will be suspended for 1 year and the officer will get a warrant and take the blood anyway. Before submitting to any tests, the person should contact and attorney and be advised of their rights.
Answer Applies to: Arizona