Do I have to Give Blood to the Police if Stopped for a DUI in Kentucky?

If you have been stopped by the police while driving after drinking you may be feeling quite anxious. Lots of questions, including “ Do I have to give blood to the police if stopped for a DUI? ” may be running through your head. Although only an experienced Kentucky criminal defense attorney can give you advice regarding your specific situation, learning a bit about the law can be beneficial.

If you have a driver’s license, you have given your implied consent to testing of blood, alcohol, or urine for the purpose of determining your blood alcohol concentration. Implied consent does not actually mean that you are required to take any requested test. You do have the right to refuse to give blood for BAC testing but this choice does come with its own consequences.

The first time you refuse to submit to BAC testing will result in having your driver’s license suspended for 30 to 120 days. The second offense within five years results in a license suspension of 12 to 18 months. A third offense within five years will result in a suspension of your driver’s license for 24 to 36 months. A fourth or subsequent offense within five years can result in losing your license for 60 months.

In addition to the very likely possibility that you will lose your driver’s license for a considerable amount of time if you refuse the blood test, your refusal can also be used against you in court. The prosecution can argue that you must have known you were guilty of driving under the influence of alcohol and that was why you refused the blood test. The prosecution can make this argument or one like it regardless of whether or not it is true.

Due to the complexities of the law, you should consult an experienced Kentucky criminal defense attorney immediately if you have been charged with DUI in the Commonwealth of Kentucky. If you are charged with refusing a blood test yet maintain that you did not, in fact, refuse the test you have the right to contest the automatic refusal suspension penalties. You must contest the refusal penalties within a short period of time after your arrest though, making it even more important to contact an experienced Kentucky DUI attorney as soon as possible.