When does a motorist have the right to refuse a chemical test during a DUI arrest?
In some states it is optional whether the person who is arrested for DUI takes a blood or breath test. It’s voluntary. However, in most states, it’s required, and if the person is lawfully arrested and refuses to take a blood or breath or urine test, they can face stiffer consequences as well as a long-term suspension of their driver’s license. And, in fact, sometimes there can be a forced blood draw where they’re actually restrained and have blood drawn. However, there may be situations where for medical reasons a person doesn’t have to take a particular test. For example, a haemophiliac may object to having his blood drawn for medical purposes, and that would be legitimate. However, he would then be asked to take a breath test or a urine test in lieu of the blood test.
