What Happens If You Refuse to Give Blood for DWI Arrest?
Whether to Refuse to give blood for DWI arrest is a tough question for those who are stopped and may face a driving while intoxicated (DWI) charge. Indeed, there are multiple reasons and multiple ways to approach this. Let us start with the basic steps that happen in a DWI arrest.
First, you are stopped by a officer. This can be done while you are in any vehicle. A car, boat, go cart, plane, basically if it has a motor and moves you can get a DWI on it. The officer may stop you for any number of reasons. If you are swerving, that is rather an obvious reason to get stopped. But you could just have an out tail light or expired registration. There has to be some legitimate, legal reason for the stop.
After you are stopped, the officer will evaluate the circumstances. If they believe you are intoxicated they will ask you to exit the vehicle. From here they will initiate the field sobriety test. More on the field sobriety tests in other posts. For now, just know that once the field sobriety tests are done, and you will most likely fail them as they are hard for sober people to pass, the officer will ask for blood and/or breathe.
Here is where the issue to refuse to give blood for DWI arrest comes up. If you refuse a blood draw or to take a breathe test, regardless of your intoxication level or if you are sober, the statute allows for the officer to suspend your license for up to six (6) months. There is a hearing, known as an ALR hearing, you can attend to attempt to argue for keeping your license, but only four (4%) to five (5%) percent of those result in people keeping their license. But, it can be even worse.
If you are intoxicated and consent to the blood draw or breath test, you have now given the state concrete evidence against you. You could also face an enhancement if your blood alcohol level is above a 0.15 (the legal limit is 0.08). But, if your blood alcohol level is above the legal limit, again, you lose your driver’s license as if you refuse. So, in the end, you most likely will not be able to avoid losing your license.
So, now you know what happens. Deciding on giving blood and/or breathe is difficult.
The best course of action, regardless of what you do in this situation, is to always call an attorney before you talk to law enforcement. Whether to Refuse to give blood for DWI arrest is a tough question for those who are stopped and may face a driving while intoxicated (DWI) charge. Do not let it ruin your life.
Here at Saldivar Brannan, we are dedicated to helping you avoid disaster in the law. Contact us HERE to set up your FREE consultation. We are waiting to help you.