A breathalyzer test is often administered to drivers who are pulled over by police and suspected of being intoxicated on drugs or alcohol. If you are pulled over, you do have the right to refuse such testing, but your likelihood of facing an arrest as a result greatly increases with your refusal. Also, depending on the state in which you live, there may be other legal consequences to your refusal.
Refusing a Breathalyzer Test
Refusing to take a breathalyzer test if you are pulled over and suspected of intoxication can lead to some of the following results:
- Some states may allow the prosecutor to use your refusal to impose enhancement charges to your case.
- The evidence that you refused may be admissible in your case, and it may lead the jury or judge to believe that you refused to take the test due to guilt. You can attempt to state otherwise if you have other reasons for your refusal.
- In some states, you must be advised of the consequences of refusing to take such a test in advance. Discuss whether your state has such a statute with your legal counsel.
- Your license may be revoked in some states for refusing to take a breathalyzer test.
On the other hand, you do not have the right to refuse a blood alcohol test, and there is no protection regarding this test under the constitution. A breathalyzer test may not be as accurate as a blood alcohol test.
There are some issues with refusing a breathalyzer and then being submitting to the blood alcohol test having to do with the speed at which alcohol metabolizes in your blood. The longer you wait for such a test, the more blood alcohol level you may have, depending on when and how many drinks you had. Because the legal limit is so low in most states, even two drinks will put some drivers over the legal limit.
Getting Legal Advice
If you are facing a potential charge for driving under the influence of drugs or alcohol, it is best to work with an attorney to properly defend your case. An attorney will know the best strategy based on the facts of your case and his history of working with clients in similar situations. An experienced DUI attorney can make your life less difficult by helping you to either win your case or reduce charges if possible.
