Driving under the influence (DUI) involves complex incidents. It is not easy to deal with such cases, including various complexities. When a person is caught for drink and driving, there are multiple tests to prove whether the person was intoxicated or not. In such cases, there is also chemical testing that the drivers have to take for their case.
However, there are instances where the individual may refuse chemical testing. If such an incident happens, you must know the legal implications of banning chemical testing. It is better to know about such legal details with the help of a lawyer such as the law office of Matthew V. Portella. You can get precise information on the chemical testing and refusal of such tests.
What are the Consequences of Refusing a Chemical Testing in a DUI Case?
- Implied Consent Laws: This concept clarifies that when a driver obtains a driving license, they automatically agree to submit the chemical tests if required. The provisions might differ in various jurisdictions, but the basic concept is the same, and therefore, it is an essential element of the driving law. While obtaining the license,, the person agrees, agrees implicitly, and thus, the refusal may trigger legal implications.
- Administrative Penalties: If the person refuses chemical testing, the immediate action would be suspending or revoking driving privileges. These are some mild penalties in which there will be suspension for a few periods depending on factors such as prior refusals or any other DUI convictions.
- Legal Presumption: When a person refuses to coordinate with the legal proceedings and for the chemical testing, it is bound to have legal implications. The prosecutors may argue that the refusal implies the consciousness of guilt, and, therefore, there will be a legal presumption about their guiltiness. It will indicate that the person refused to avoid self-incrimination. However, this presumption will not decide your case; it can be used as a strong point against you.
- Implication of DUI Cases: The refusal can complicate the DUI cases. If there are no BAC reports, it will not leave any robust evidence on your side. So, in such circumstances, there will be a focus on other evidence, such as field sobriety or observation from the officers. It can also pose challenges to the prosecution, and they can raise their doubts against you.
- Increase in Criminal Penalties: Criminal penalties might increase if you refuse the chemical testing. Such penalties might include longer license suspension, mandatory alcohol programs, fines, or sometimes jail time. It is said that the logic behind such penalties is that if the person is refusing a test, it is impeding the efforts to reduce drunk driving.