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OWI Refusal To Test

Should I Refuse The OWI Sobriety Test?

DO NOT REFUSE TO TAKE BREATH BLOOD OR URINE TESTS AT A DRUNK DRIVING STOP.

Why you should not refuse to take the chemical test or tests:

If you refuse to perform the sobriety test, or if you refuse to take the chemical test, the police will get a warrant and draw your blood even against your wishes or physical resistance.

For a OWI 1st (first offense operating while impaired) offense, police may not draw your blood, but they will then assume that you were over .25, and give you the most severe drunk driving penalties.

If you refuse to take a sobriety or chemical test, you will be charged with a separate offense: refusing to submit to a sobriety test. That separate offense has separate penalties and counts the same as a drunk driving conviction, even if you win the case against you for OWI.

The penalties for refusing to take the chemical test have more severe revocation than if your blood alcohol level were over .25.
If you refuse to submit to a sobriety or chemical test of your blood on an OWI 1st offense, the state will revoke your driver’s license for one year, and deny you an occupational driver’s license for the first 30 days after revocation.

If you refuse to submit to a chemical test on an OWI 2nd offense, the state will revoke your driver’s license for two years, and you will not be able to apply for an occupational driver’s license for the first 90 days after revocation.

If you refuse to submit to a chemical test on an OWI 3rd offense, the state will revoke your driver’s license for three years, and you will not be able to apply for an occupational driver’s license for the first 120 days after revocation.

Police are entitled to ask for one or more tests. Your refusal of any one of the tests will result in you being charged with a ‘refusal’.

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