Chemical Test Refusals

In Washington, D.C., a driver who is pulled over by a police officer for suspicion of DUI, DWI, or OWI can refuse to take a breath, blood or urine test if the driver has NOT been in an accident.  However, under D.C.’s “implied consent” law, such a refusal will result in an automatic suspension of the driver’s operating privileges for a year.  (Driving in the District is considered a privilege, not a right.  The mere act of driving a car in D.C. implies that, in return for this privilege, the driver has agreed to submit to a chemical test.)

The driver cannot refuse to take a chemical test if involved in an accident AND the police officer has reasonable grounds to believe the driver was under the influence while operating the vehicle.  In fact, in this instance, the officer can even administer the test forcibly.

While the police officer determines what type of test to administer (that is, whether to administer a blood, breath or urine test), the driver can object to any particular type of test based on religious or medical grounds.

If the driver is unconscious or otherwise incapable of refusing the test, the police officer is permitted to administer it.  The driver can later prevent results taken in this manner from being admitted against him or her in court.  However, exercising this right will also result in an automatic one-year license suspension.