Many people debating to fight a DUI case in court wonder how, if at all, my refusal of the state sanctioned test of my blood, breath, or urine for alcohol or drugs will affect them at trial. The short answer is, your trial judge will charge your jury that a refusal of the state requested test of your blood alcohol content is an inference that alcohol would have been present but not that you were impaired. In non lawyer terms, it will be legally inferred you did consume alcohol, but the state does not get the inference that you were impaired or “drunk” on the alcohol. The judge will also tell your jury that the test is voluntary and you do not have to consent to the officer’s requested test.
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