Is it a Crime to Refuse to take DUI chemical test in DC

Mark RollinsDUI

DUI Refusal in DC

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.

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