What happens If I Refuse A Blood Alcohol Test in Kentucky?

Choosing to drive while intoxicated can lead to severe legal penalties for you. It can result in a criminal record that will follow you for life and impact virtually every aspect of your life for the foreseeable future. You could endanger not just your life but also the lives of everyone around you. If you are pulled over, you may be asked to perform a blood alcohol test for the police. You may wonder, “What happens if I refuse a blood alcohol test in Kentucky?” You may make things difficult for yourself.

In July we shared a post about the basics of Kentucky DUI laws. This post is a follow-up to that earlier post, and covers a related question about whether it is possible or advisable to refuse to take a blood alcohol test.

Kentucky law considers blood tests to be the most accurate indicator of whether someone meets the legal standard for being DUI. According to Kentucky state law, if you are pulled over on suspicion of drunk driving and found to have a blood alcohol content (BAC) of at least 0.08%, you will be considered over the legal limit, and you will be arrested. If you’re under 21 years old, the limit is 0.02%. The state’s DUI penalties are considerable.

Human nature being what it is, it may be tempting for some to want to decline a breath test or a blood test. However, Kentucky laws are written so that giving in to that temptation is also likely a mistake. This is for at least two reasons:

First, Kentucky is an “implied consent” state. What this means is that if you refuse to take a breath or blood test to determine if you are intoxicated while in control of a vehicle, you can be penalized for that refusal. The first time you refuse a test, your license can be suspended from 30 to 120 days. Each subsequent a refusal can result in a longer suspension of your license, up to five years.

Second, a blood or breath alcohol test to determine blood alcohol concentration is not required to prove a charge of drunk driving. There are other ways to prove it, and if it is proven then the penalty for refusing the implied consent above is not in lieu of, but in addition to any sentence you may receive for drunk driving.

This post is not an exhaustive examination of implied consent law in Kentucky, and cannot cover every conceivable situation that one may encounter with respect to that law. Accordingly, you should read it for general information only, and consult an attorney who understands the laws surrounding drunk driving for your specific questions.

According to information gathered by the Kentucky State Police, there were over 18,000 DUI arrests throughout the state in 2023 alone. Many of these individuals suffered significant consequences for their actions, and you don’t want to end up as another statistic with a criminal record.

FAQs

Q: Can You Refuse a Blood Test for DUI in Kentucky?

A: Yes, you have the right to refuse a blood test for DUI in Kentucky. However, the consequences of that refusal may be significant. Refusing a blood test can result in a complete suspension of your driver’s license. The police can also get a warrant to test your blood anyway if you are deemed suspicious.

Q: What Happens When You Refuse to Take a Blood Alcohol Test in Kentucky?

A: If you refuse to allow the police to give you a blood alcohol test in Kentucky, your refusal can be used as evidence of your DUI in court. Kentucky operates under implied consent laws, which means that your operation of a vehicle on state roads is considered consent to a blood test. Any refusal can be seen as an admission of guilt.

Q: Is It Better or Worse to Refuse a Breathalyzer?

A: It is generally considered worse to refuse a breathalyzer test if asked to perform one by a police officer. You will endure significant consequences, such as a suspension of your license. Prosecutors will also use your refusal as evidence against you in court. If you choose to take the test, you may fail it, but you will still be seen as generally cooperative.

Q: Should I Get a Lawyer for a DUI Case?

A: Yes, you should hire a lawyer for your DUI case. Any time you are going through a legal issue, you should hire a lawyer to represent your interests. In a DUI case, you may already assume you have lost because you were pulled over while drunk. A good lawyer can mount a defense strategy and figure out your next steps.

Reach Out to a DUI Lawyer Today

It’s ultimately up to you if you want to refuse a blood test in a DUI situation, but you should be aware of the consequences if you decide to do so. From there, you should contact a DUI lawyer who can work on your defense.

At Michael J. Thompson, Attorney at Law, we know the kind of legal defense you will need in a case like this. Contact us to speak to someone about how we can help.