If you are ever pulled over by a police officer, and he or she thinks you might be under the influence, then they may ask you to perform some chemical tests. If you wonder whether you should refuse these tests, you probably will not be allowed to consult an attorney before doing so. Before it ever comes to that point then, it is important to understand what these tests are, especially as compared to field sobriety tests, and about the penalties for refusing to take a chemical test.

Chemical tests analyze saliva, hair, and urine samples, but more commonly, this type of testing consists of analyzing blood and breath samples. Getting the samples and testing them typically occurs at the police station. The breath test at the station, with a Breathalyzer, can measure the blood alcohol content from a breath sample.

So what about the roadside breath test (or preliminary breath test)? Is this a chemical test? This is where a machine would be used to measure how much alcohol is on the driver's breath, which can give the officer an idea of how much is in the driver's bloodstream. This is not the same test that uses a Breathalyzer. This roadside test is not considered as accurate or precise as a chemical test, and it is often not considered to be admissible in court. But if this test indicates being under the influence, then an officer could ask the driver to take some chemical tests, which could include the breath test from the Breathalyzer. So it is different from the breath test at the station—but only in some ways.

There are some states where the roadside breath test is equated in value with the other chemical tests in that there are the same penalties for refusing this preliminary test as for refusing the others. What happens if you refuse a chemical test? Your driver's license would be automatically suspended, or even revoked. While the exact duration of the suspension or revocation would vary according to state law, you would usually be looking at a year without your driver's license. And this is even if you are never convicted of a DUI or DWI.

This is because of Implied Consent Law. If you have a driver's license, then this means that you have already implied your consent to take chemical tests that are asked of you by a police officer. It should be noted that some states say a driver cannot lose their license for refusing a test if the officer failed to warn them of the penalties for refusing the test. Then there are some states that allow an officer to testify that a driver refused a test, and then the court or jury can view this refusal as incriminating evidence.

Then there are states where refusing a blood test is not an option, that an officer can get a blood sample apart from the driver's permission, and even apart from a warrant. Some states say that an officer can only force a blood sample if the situation demands that a sample be taken before it is too late. Such a situation would be something like a car accident where the driver needs to be hospitalized, but a blood sample is required as well.

Refusing to take a chemical test is a big decision, and unfortunately, most states will not allow you to consult a lawyer before you make your choice. If you already have been charged with a DUI, then you need to act quickly, not only to mount a strong defense to save you from time in jail and thousands of dollars in fines, but to save you from a criminal record. And whether or not you refused a chemical test, you likely have mere days before you lose your driver's license. Call a DUI lawyer today for the legal answers and representation you need.