MCOLES State Licensing Practice Exam

If a suspect in OWI refuses a breath test but wants a blood test at their doctor's office, what should the officer do?

1. Take him to his doctor's office

2. Charge him with a felony

3. Classify it as a refusal

4. Provide legal counsel

The correct answer is: Classify it as a refusal

When a suspect in an Operating While Intoxicated (OWI) case refuses to take a breath test, the appropriate action for the officer is to classify this situation as a refusal. This classification is important because under the implied consent law, individuals operating a vehicle on public roads consent to submit to chemical testing when requested by law enforcement. If a driver refuses such testing—whether it’s a breath test or otherwise—it is treated as a refusal, which can lead to penalties such as license suspension. In this context, even if the suspect expresses a preference for a blood test at their doctor's office, the law generally does not permit the substitution of tests unless specific procedures and permissions are followed. The fact that the suspect wants a different form of testing does not negate the refusal of the initial request. Thus, classifying it as a refusal acknowledges the officer's obligation to enforce the laws related to OWI testing while also aligning with the legal framework that governs the situation.