If you get pulled over and an officer asks to administer a field sobriety test, you might wonder if you’re legally allowed to refuse a breathalyzer test. It may be tempting to deny a breathalyzer to avoid getting convicted of a DUI and dealing with SR-22 insurance. However, it can be hard to know if it’s actually a good idea or if you’ll be worse off than if you simply took the test. Understanding the potential consequences of refusing a breathalyzer test can help you make the right decision if you ever find yourself in this situation.
Introduction to Breathalyzer Refusal Rights
You may think that refusing to take a breath test is an easy way to get out of charge for drunk driving and avoid a DUI conviction and the emotional and financial impact of an SR-22. However, it’s not that simple. If you refuse a breathalyzer test, there will be consequences, and you may still get charged with driving under the influence, even without the evidence of your blood alcohol content (BAC).
What Does “Refusing” Really Mean?
If you aren’t under arrest, you can deny breath testing without any legal drawbacks. However, an officer may still proceed with an arrest based on other information, such as your performance on a field sobriety test or observations of intoxicated behavior.
After you’ve been placed under arrest, you’re obligated to agree to testing. Police can’t physically force you to blow into a machine, however, so you’ll instead be hit with civil penalties. This is because of something called implied consent.
Understanding Implied Consent Laws
Implied consent is the idea that when you get your driver’s license, you’re automatically agreeing to DUI testing if a law enforcement officer believes you’re driving under the influence. Driving is a privilege, not a right, so there are certain conditions involved with maintaining that privilege. Because of implied consent laws, that includes submitting to chemical testing of your breath or blood. If you don’t take the test willingly, you’ll be up against civil penalties.
Additionally, officers may simply get a warrant for a blood test. In that case, you could have your blood drawn forcibly. They can also make a DUI arrest based on their own observations, so if they have probable cause to think you were driving drunk, you could be arrested with or without chemical evidence.
How Implied Consent Works in Different States
All 50 states have some form of implied consent laws. However, their specific penalties can vary from place to place. In most areas, your license will be suspended for 90 days to a year if you deny breath testing. Wyoming is the only state that doesn’t automatically suspend your license after refusing; its laws also make it easier for law enforcement officers to get a warrant for a blood draw.
The Legal Implication of Implied Consent
If you’re charged with a DUI, refusing chemical testing could also be used against you in your trial in some states. Some prosecutors may argue that because of implied consent, not taking the test is equivalent to having a BAC over the legal limit.
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The Consequences of Refusing a Breathalyzer
Typically, when you deny breath testing after an arrest, the officer will confiscate your license and suspend it. Consequences vary from place to place, but they can include:
- Court-mandated drug and alcohol classes
- Mandatory ignition interlock device on your car
- Having to carry SR-22 insurance
- Potential jail time
Alternatives to Breathalyzer Tests
There are multiple tests that police officers can use to determine your level of intoxication. Instead of breathalyzers, they can also use blood and urine tests. In some states, you can request a blood or urine test instead of going through breath testing.
Knowing Your Rights After an Arrest
Some people choose to say no to the breathalyzer, even though they know their license will be suspended. This is often because they would rather deal with a license suspension than a DUI, although you may still be convicted of a DUI based on other evidence. If you make this decision, asserting your rights can help you get the best outcome.
Steps To Take Following a Refusal to Submit
Once you deny testing, it’s important to talk to a skilled DUI attorney as soon as possible. They’ll understand the nuances of DUI laws in your state and can help you find the best path forward.
Worried About DUI Penalties? Get Your SR-22 Insurance Quote Today
It can be challenging to decide whether to submit to chemical testing after an arrest. Because there are implied consent laws in every state, it’s important to be aware of the consequences in your area. Regardless of your choice, working with an experienced DUI lawyer can help you navigate your charges after your arrest.
Whether you simply denied a breath test or were convicted of a DUI, it can be stressful to think about managing SR-22 insurance. Here at SR-22 Adviser, you can get step-by-step support from knowledgeable agents who specialize in coverage for high-risk drivers. Contact our partner today to get started with a free online quote.