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Do I Have To Give Blood If Charged With DUI?

In Northern Kentucky if a person is suspected of operating a motor vehicle while under the influence of drugs or alcohol, the officer may request to test a sample of breath, urine or blood. While police usually requeset breath, they will often request blood if they suspect drugs or any intoxicants other than alcohol. While Kentucky law does not require you to submit to the test, there are administrative penalties which will likely result from a refusal. If you do not have a prior DUI conviction, the penalties are up to 120 day license suspension which begins the day of your arraignment. Kentucky law does allow for a blood test if the driver is unconscious and taken to the hospital. If you do have prior DUI conviction, the refusal is considered as an aggravator to the DUI which doubles the mandatory minimum jail sentence the court must impose if you are convicted. Additionally, there is an administrative suspension regardings of whether you are convicted or acquitted. The legal advice of whether or not to submit to a test varies by the facts of each individual case. For example, most attorneys would advise to submit to the test if the driver has not consumed any drugs or alcohol. If you have been charged, arrested or requested to take a breathalyzer or blood test, you should contact Michael Bouldin at [email protected] or 859-581-6453.

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