[farder]

Nevertheless, refusal to take a blood-alcohol test does not mean you won’t be convicted of DUI; indeed, a jury could see refusal to take the test as evidence of guilt.

http://www.quizlaw.com/criminal_law/...oodalcohol.php

[Colts Fan]

It's called implied consent. If you refuse the test it is automatically assumed that you are under the influence.

Originally Posted by Colts Fan

It's called implied consent. If you refuse the test it is automatically assumed that you are under the influence.

Yes, that is it, I was trying to think of that term when i posted before and could not remember it...thats the one.

[enobeenob]

The moral of the story boys and girls is; Don't Drink and Drive.

If you can't figure that one out you shouldn't be comadaring any vehicle, nevertheless a 80,000lb weapon.

[GMAN]

In my state a refusal is an automatic conviction for DWI. It can result in 48 hours in jail and a 1 year suspension of your license. It is about the same if you were convicted of DUI. I don't understand why his license was suspended if the charge was thrown out. If you are driving while drunk then you should be charged with DUI. In any case your friend will likely find it difficult to find a job in this business for at least 3-5 years unless he is successful in getting it expunged from his record. If something is expunged then it doesn't exist. Anything to do with drugs or alcohol are not well received in this industry. Some carriers won't hire anyone who has refused a BAC, regardless of the length of time since the conviction. If it was in a commercial vehicle it is pretty much the kiss of death.

[Uturn2001]

I don't understand why his license was suspended if the charge was thrown out.

GMAN, did you bother to read 395.15 of the FMCSA regs.

CDL holders who refuse to take a brethalyzer test get a 1 year suspension automatic. They do not have too be convicted of DUI.

Folks, one thing you all need to get straight in your heads is that once you get that CDL almost everything you do in a vehicle, regardless if it has 1 wheel or 18+ wheels, carries the same type of penalties as if you were in a big truck at the time.

[golfhobo]

Originally Posted by Colts Fan

It's called implied consent. If you refuse the test it is automatically assumed that you are under the influence.

It may be ASSUMED, but it is not de facto PROOF. You still get a trial, and you can still be found not guilty...... in any state that I'm aware of.

Now..... GMAN says differently for HIS state. I would like to ask him what state that is, so I can verify it for myself.

The implied consent law, says that if you refuse to take the test, you automatically give up your "privilege" to drive for one year. It does NOT "imply" an automatic conviction, and by itself, does not surrender your 5th ammendment right. I read what was said in the link by Farder just above this original post, but the fact that your 5th Ammendment right is not considered AS TO THE SUSPENSION does not mean you don't retain it AS CONCERNS THE TRIAL AND POSSIBLE CONVICTION.

Also, you can refuse BOTH the Blood Alcohol Breathalyzer test AND the Blood test at a local hospital. They CANNOT force you to have one or the other. They can give you a CHOICE if you don't want the breathalyzer, but you can refuse BOTH. Of course, that means a suspension, but not necessarily a conviction. (GMAN's statement notwithstanding until I learn more about HIS state.)

Forcing an American citizen to take either test, would violate BOTH the 4th and 5th Ammendments. The implied consent law basically means that you have given your "implied consent" ONLY to have you license automatically suspended IF you refuse to be tested. It does NOT mean you have given implied consent to be tested against your will.

[DD60]

Originally Posted by mf2004champ

Hey guys, I've got a friend that recently got a DUI, that was dismissed and is in the process of getting it expunged off his record. He refused the breath test, which caused the 1 year suspension. He is not very computer savy, so he asked me for some advice.

He got his CDL in spring 2007, worked for a company for 2 months, but quit b/c it wasn't for him. He hasn't driven since. The question he has is concerning his future in the trucking industry because he was considering going back to it before the DUI. Now, after the suspension.

I told him probably 3 years min. for the large OTR carriers. His driving record is clean, nothing except this disaster that happened last month.

Thanks.

WHY did he refuse the test?

[golfhobo]

Okay.... I'm not BLIND! I was just blinded by that blue scuba suit! I see GMAN is from Tennessee. I looked up the Tennessee dui/implied consent laws here:

http://www.duianswer.com/library/tennessee-dui-law.cfm

and this is what they say:

Tennessee law says that anyone driving on a highway has given his implied consent to be tested for blood alcohol concentration. Of course, you retain the right to refuse this testing, but the penalties for refusal is additional license revocation of:

One year for first time offenders

Two years for those with prior DUI convictions

This is pretty much the same as any other state's implied consent law.

The U.S. Constitution protects us against forced invasion of our bodies for evidence.

Also, the 48 hours in jail is ONLY upon conviction of the DUI, and a refusal to test is NOT an automatic conviction.

Just keeping the facts straight, GMAN. No offense intended.... nor should one be "implied." :wink:

[kc0iv]

Originally Posted by golfhobo

Okay.... I'm not BLIND! I was just blinded by that blue scuba suit! I see GMAN is from Tennessee. I looked up the Tennessee dui/implied consent laws here:

http://www.duianswer.com/library/tennessee-dui-law.cfm

and this is what they say:

This is pretty much the same as any other state's implied consent law.

The U.S. Constitution protects us against forced invasion of our bodies for evidence.

Also, the 48 hours in jail is ONLY upon conviction of the DUI, and a refusal to test is NOT an automatic conviction.

Just keeping the facts straight, GMAN. No offense intended.... nor should one be "implied." :wink:

Hobo did you read the Q&A "Can I refuse a test at the police station?" I quote:

There are situations where you could refuse a test, but these situations are rare. If you already gave a sample that provided a valid result, you can refuse to take a second test. But if the officer suspects that you are under the influence of a drug or other substance, which breath tests cannot detect, then you can be required to take a second test. Lastly, if you have a physical disability that makes it impossible to take a test, you may be excused from the requirement, but it is up to you to tell the officer of your disability so that a different type of test can be arranged, if possible. Aside from these special circumstances, refusing to take a test can have severe consequences and is usually not the wisest course of action. Not only can your refusal be a damaging piece of evidence at trial, it will usually mean that your license will be revoked for a longer period of time and, in many States, it is also a separate crime. That being said, it is up to you to weigh the potential negative consequences of refusing against the possibility of a test result that registers above the legal limit.

There is also some good information (on the same site) "Proof in a DUI Trial"

I would agree DUI don't not mean conviction in a court of law. However, lose of your license for a year or more pretty well means an end to your driving for most companies for several years. Let along an increase in your insurance rate.

kc0iv