If the driver refuses to successfully complete any one of the tests requested, the officer must inform the driver that a refusal shall result in a license suspension for twelve months.
Almost any failure to expressly agree to the test(s) or successfully complete them will be deemed a refusal and result in a twelve month revocation of driving privileges.
If a driver refuses to complete the test(s) as requested by the officer then the statute mandates that none shall be given with two exceptions.
First, the officer can attempt to obtain a search warrant for a blood sample.
Second, if a sample of the driver's blood or urine is taken for any other reason within two hours of the time of driving (e.g. a doctor may require a blood sample because some medical procedures cannot be safely performed if alcohol or drugs are within the body), the officer is entitled to a portion of that sample. |
