Is it in your rights to refuse a breath analysis test?

On Behalf of | Feb 4, 2022

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Is it in your rights to refuse a breath analysis test?

On Behalf of | Feb 4, 2022 | Criminal Law

When an officer requests that you take a breath analysis test, it is actually a request? Though you may feel like you have room to refuse, do you? In actuality, the matter is often more complicated than you may initially think.

In order to understand where your rights lie, it is important to understand implied consent laws first and foremost.

Implied consent

Very Well Mind sticks with the notion that you should not refuse a breath analysis test. This relates back to the implied consent law that all drivers go into when using public roads. An implied consent law exists in a situation where a reasonable person could assume that they give their consent, even if they do not voice it aloud or have it in writing.

By using public roads, drivers like you imply your consent to DUI-related tests such as breath analysis tests, blood analysis tests and field sobriety tests. Thus, when an officer requests you to take one, it is more or less a formality. You have already given your consent.

Consequences of refusal

So what happens if you want to refuse anyway? If you insist on refusing, the officer has a duty to inform you of the consequences of refusal. This can include the loss of your license for a year, as well as other penalties that may accrue if you end up convicted of the DUI charge. You may face extra time in jail or fines and fees.

Finally, a judge may view your refusal to take a test as a sign of guilt. On top of that, even if you escape the DUI charge, you will still lose your license for refusing the test. If you wish to refuse a test in order to avoid the DUI, you may want to think twice.

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