A driver may refuse to take chemical tests for intoxication unless (1) the driver has refused to submit to such test or tests on two previous and separate occasions of any previous such violation: (2) in any case where a fatality has occurred; and (3) if a person has sustained serious bodily injury in a crash. In these situations, the officer shall direct certain qualified individuals to obtain a blood or urine sample from the driver so that a chemical test can be performed.

Any driver that refuses to submit to a chemical test in the circumstances named above will be fined not less than three hundred dollars nor more than one thousand dollars and jailed for not less than ten days nor more than six months.

Outside of these specific circumstances, a driver may refuse chemical tests, subject to an increased suspension period. Law enforcement may apply for a search warrant for a blood or urine sample and if granted by a judge, a driver can no longer refuse the chemical test.

For an officer to direct that blood or urine be drawn from a driver in the circumstances listed above, certain prerequisites must be complied with by the officer. For a search warrant to be valid, the officer must submit an application for the search warrant to a judge.

If you have been arrested due to a forced chemical test, whether directed by an officer or as a result of a search warrant, call my office. I have been successful in challenging search warrants and having evidence excluded. You are not expected to know what to look for. You are also not expected to challenge the methods used by some officers to collect or in some cases, manufacture evidence. That is what I do. Call my office 24 hours a day. This is not part of your case that needs to be overlooked or handled by a lawyer with little experience.

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