Can a drunk driving suspect refuse a chemical test?

Drunk driving is a major problem in the country, and treated very seriously by the justice system. Police need probable cause to stop someone they suspect is driving under the influence, and they usually rely on swerving, or other signs of bad driving to justify the stop. Police then perform secondary tests to further support their suspicion. Finally, police seek to measure a drivers’s blood alcohol concentration by asking them to complete a chemical test — either blood, breath, or urine. People give advance consent to such tests when they are issued driver’s licenses by the state, and the refusal to complete a chemical test may result in certain penalties. Nevertheless, the tests are still considered searches and are subject to challenges under the Fourth Amendment, which governs unreasonable searches and seizures.

Here’s a couple of things to know about the implied consent laws:

So trying to avoid a blood alcohol test is a bad strategy. The implied consent laws are written to require cooperation from suspected drunk drivers. Refusing to take the test can result in a drunk driving charge, as well as the suspension of the suspect’s driver’s license.