6 ms·
Almost. Yes, you may still be charged. Yes, they may use the evidence of your refusal. As far as equivalence, no: the test itself is just one piece of evidence.
by maxvu 8y ago
Almost. Yes, you may still be charged. Yes, they may use the evidence of your refusal. As far as equivalence, no: the test itself is just one piece of evidence. Because refusal should ordinarily make it more difficult to prosecute DUI (for what is, comparable to the stop, a very small inconvenience), I think most states have an automatic license revocation penalty attached to it - usually around six months. Field sobriety tests (e.g. walk in a straight line), I think, are much less conclusive and do not have such requirement.
IANAL. Search for James Duane.