What is the primary function of the refusal affidavit?

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The primary function of the refusal affidavit is to record the driver's refusal to submit to a chemical test as required by law when suspected of driving under the influence. This affidavit serves as an official document that provides evidence of the refusal, which can carry significant legal consequences for the driver. When a driver refuses testing, the affidavit can be used by law enforcement and in court proceedings to demonstrate that the driver chose not to provide biological evidence that could help establish impairment. This is crucial because under implied consent laws, refusal to submit to a test can result in automatic penalties such as license suspension, emphasizing the importance of the refusal affidavit in documenting this critical moment in the DUI investigation process.

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