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Myths About Refusing a Mandatory DUI Test in South Dakota

Drew Duncan
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Partner at Zimmer, Duncan and Cole, LLP

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There are a lot of myths out there about what happens when you refuse to submit to blood-alcohol tests during a DWI stop in South Dakota, and many people are unaware of the truth about their rights when they’re pulled over. Because of this, many people make serious mistakes that lead to serious penalties—even for a first-time offense. 

Here’s the truth about a few commonly held myths about blood-alcohol testing and DWI stops:

  • MYTH: I can refuse any testing during a DWI stop.
    TRUTH: During a DUI stop, field sobriety testing—like walking a straight line or reciting the alphabet—can be refused, but blood-alcohol testing is mandatory. Under state law, you’ve given “implied consent” to testing as a licensed driver. If you refuse this mandatory testing, you will automatically lose your license for up to one year.  
  • MYTH: It’s better to refuse mandatory testing than to take a blood-alcohol test I know I’ll fail. 
    TRUTH: Compared to the automatic penalties that comes with refusing the test, the penalties you suffer for testing over the legal limit could be much lighter—and you may have more options for reducing or avoiding some penalties. 
  • MYTH: If I refuse mandatory testing, I can’t be convicted of a DWI. 
    TRUTH: It is still possible to be convicted of a DWI if you refuse blood-alcohol testing, and your refusal to submit to testing will be used against you. Refusing to take a blood-alcohol test is unlikely to help your case. 

If you have recently been arrested for driving under the influence, reach out to our Sioux Falls legal team today for fast, free, and confidential answers to your questions. Just fill out the online contact form on this page for more information, or call us directly at 888-733-2992.

Category: Criminal Defense


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