Should I Blow?: Deciding Whether To Provide A Breath, Blood Or Urine Sample After A DUI Arrest

As a DUI defense attorney, I am often asked, “Should I blow (or take a blood or urine test)?” My answer is always, “It depends.” Factors in the decision whether to provide a breath, blood, or urine sample include: Have you been drinking or using illegal drugs or cannabis?  Are you a CDL holder? Are you a first offender?

The results of a breath test at the police station or a blood or urine test at a hospital may be used as evidence you violated the DUI statute. Providing a breath sample at the police station or a blood or urine sample at the hospital with a result greater than the legal limit of .08 or showing the presence of illegal drugs or cannabis greater than the legal limit gives the State strong, black and white evidence you violated the DUI statute. For the first offender, it also comes with a six-month Statutory Summary Suspension of driving privileges for taking the breath, blood, or urine test with a result greater than .08 or with the presence of illegal drugs or cannabis greater than the legal limit in your system.

Refusing to provide a breath, blood or urine sample comes with a 12-month Statutory Summary Suspension for the first offender. Essentially, and if you are a first offender, refusing to provide a breath, blood, or urine sample results in a Statutory Summary Suspension that is 12 months in length, six months longer than if you provided a chemical sample greater than the legal limit. Refusing the breath, blood or urine test prevents the State from gathering black and white evidence to prove you violated the DUI statute.

Hopefully, you will make a better-informed decision about whether to agree to provide a chemical sample now that you know more about the consequences of taking or refusing an evidentiary breath, blood, or urine test.