Shayn•Da•Pain
Laughs Unlimited
In Kansas you can refuse, but your license automatically gets suspended for a year. I don't know how they don't allow you to refuse in other states. That should be your right to choose. I've never heard of a guy getting taken to the hospital to get blood work done. That's crazy.
In California, like most stats, you have the right to refuse any field sobriety test or breathalyzer. Most law enforcement will lie, bully, and try to convince you that you must do exactly what they say. You don't have to. You don't have to let them search your car, you don't have to answer any questions, you don't have to submit to any testing, UNTIL they take you to a medical facility for testing. If they take you to a medical facility for testing, you MUST comply, and take a blood or urine test. ALWAYS ask for a second test to be done at a different facility for independent analysis. If you've incriminated yourself earlier by taking an FST or breathalyzer, then law enforcement will most likely not comply, but it's worth asking.
The only time in California that you will be penalized for refusing to take any sobriety test, will be at a medical facility or police station, where law enforcement will have a licensed medical practitioner administer a blood test. If you deny a blood test, you will be automatically charged with the highest DUI punishment, and your license will be suspended for an extra year on top of DUI sentencing.