Q: If I am arrested for drunken driving should I take a chemical test if I am requested to do so by the police?
A: While every case depends upon individual circumstances, it is generally advisable to submit to a chemical test.
In the context of a person’s driving privileges, the penalties for refusing to take the chemical test are generally more severe than the penalties for the underlying drunken driving case.
For example, a first offense drunken driving conviction can cause you to lose your license for a minimum of six months and a maximum of nine months, during which time you are immediately eligible for an occupational license. If your blood-alcohol level is .15 or greater, you will also be required to install an Ignition Interlock on any car that you drive for a period of one year. If, on the other hand, you are convicted of Refusing to Submit to a Chemical Test, you will lose your driver’s license for one year, will be ineligible for an occupational license for thirty days, and will, in every case, be required to have an Ignition Interlock installed on any car that you drive for one year.
Penalties vary as the number of prior offenses increase; however, all judges consider it an aggravating circumstance when a person does not cooperate with the testing procedures. Therefore, most lawyers would agree that submitting to a chemical test is in a person’s best interest.
– John S. Schiro of Schiro & Zarzynski
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