If someone is pulled over for intoxicated driving, they will be asked to take a sobriety test. This test is usually a breath analyzer test, but there are also some other types of sobriety tests: blood tests, saliva tests, or urine tests. Breathalyzer tests are used mostly because they are non-invasive and fast.
Nowadays, the most common strategy that drivers often do is to refuse the breathalyzer test. But the question is, is it a good idea? Contact Lento Law Firm who will advise you on whether to take a breath analyzer test or not.
Can you deny a breath analyzer test after being pulled over?
If you refuse to take a breath analyzer test, you will face severe consequences. Suppose a police officer stops you for suspecting that you might be intoxicated and refuse to take the test, then they might suspend your driving license or even face jail time.
They may not arrest you at that point but refusing to take a breath analyzer test might not be a good idea. In some cases, your refusal can be used against you if any trial is conducted.
Implied consent laws
We know driving is not considered a right but a privilege; the states can suspend your license without even informing you or, in the worst case, can put you in jail if you are not submitting a BAC test when the police suspect you of a DUI.
On average, 20% of drivers suspected of drunk driving refuse to take the BAC test. But the refusal rates and how the implied-consent laws are enforced depend upon which state you live in.
No refusal law
Some states have introduced a new policy known as the “no-refusal” policy to avoid incrimination by drivers who do not take a Breathalyzer test. The driver has to submit the test if there is a warrant authority. If someone refuses the warrant order BAC, it may result in severe high charges, and the police might take blood tests by force.
Consequences of refusing the breath analyzer test
Even though you agreed to abide by the implied consent law when you applied for a driving license test, refusing to take such a test carries penalties, even if you are convicted of drunk driving or not. If you deny taking those tests, you may result in criminal fines and civil ones.