Refusal to take Chemical Test in DC
Is it a Crime to Refuse to take DUI chemical test in DC? In the District of Columbia it is not a separate crime to refuse to submit for chemical testing – urine, blood, and/or breath, See DC Code 50-1905. For example, In Maryland it is separate crime if you refuse to take the test; however, in the District of Columbia there are additional consequences for refusing to take the chemical test. Accordingly the law states:
“(A) Revoke his or her license or privilege to drive in the District of Columbia for a period of 12 months; or
(B) Deny the person the issuance of a license, if the person is without a license to operate a motor vehicle in the District, for a period of 12 months after the date of the alleged violation.”
After being informed of Refusal
The District of Columbia Department of Motor Vehicle can revoke your license for a period of 12 months. The District of Columbia can also refuse to issue you a license for a period 12 months after the alleged violation. If you took the DUI test and failed you would only be subject to a 6 month suspension of your license.
Refusal to Take Chemical Test and you have a Prior DUI
If you have a prior DUI conviction, the Court will treat the refusal as a rebuttable presumption that you were under influence of a drug and/or Alcohol.
Forced to take Chemical Test if fatality Involved
The police may force you to give blood if they believe you are under the influence and fatality occurs as a result of an automobile collision.