Refusal to Consent to Blood Test
When stopped by police on suspicion of DUI police are required to advise you of the consequences of refusing to take a blood test. While a driver who refuses can lose his or her license for one year (a civil penalty), the driver cannot be forced to submit to a blood test by threat of increased fines or jail time (criminal penalties).
As of January 18, 2018, police began to inform drivers that their refusal to submit to a blood test will result in an automatic license suspension and a $2,000 restoration fee. This fee is being challenged on the grounds that it amounts to an increased fine. Where it is used as a threat to obtain your consent to a blood draw, it is coercive in violation of Birchfield and the results are inadmissible. If you have been charged with DUI in 2018 and consented to a blood draw an attorney may be able to challenge the results on your behalf.
