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Why Refusing Breathalyzer Test May Be Dangerous

You can refuse a breathalyzer test, but should you? The reason for your refusal aside, your state laws should also factor into your decision to refuse or accept the test. This is because, in some states, your refusal can result in several legal consequences. Here are a few examples of those consequences:

Automatic License Suspension

Most states have what is known as "implied consent" laws when it comes to breathalyzer test refusal. What this means is that when you apply for a driving license (that you shouldn't drive without), you also agree to be stopped and tested for intoxication. Therefore, you break the implied consent laws when you refuse the breathalyzer test, and you will be penalized for it.

The penalty is usually an automatic suspension of your driving license. The duration of the suspension depends on multiple factors such as your state's laws and whether or not it's your first offense; subsequent offenses attract increasingly longer suspensions. For example, it's one year for the first offense and five years for the third offense in Georgia.

Separate Charge

In some states, the refusal to take the breathalyzer test is a separate offense from your DUI charges. This means when you go to court, you will be charged with DUI and refusal to take a test, among other charges that the prosecutor may think are necessary. This is a separate charge that you have to defend against, and if you lose, you may be fined. New York is one of the states that will levy a fine on you for refusing a breathalyzer test.

Evidence against You

The third consequence is that your refusal to take the test may be used as evidence against you during your DUI trial. This is an exception to the usual rule that a suspect's right to silence cannot be used against them during the trial. In essence, the prosecutor will be saying that you refused the test because you knew you were drunk. This is a pretty solid argument because why else would a person refuse a DUI test if they are confident of their innocence? You will have to come up with a pretty good defense to win such a case.

The next time you are required to take a breathalyzer test, consider the above consequences before refusing. It might be a good idea to go ahead with the test and then consult a DUI lawyer to help you with the defense. Contact a firm like Larson, Latham, Huettl Attorneys to learn more.