Do you have to take a BAC test?
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On Behalf of | Mar 18, 2022

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Do you have to take a BAC test?

On Behalf of | Mar 18, 2022 | Criminal Law

When an officer pulls you over on suspicion of intoxicated driving, they will likely ask for you to take a blood alcohol content (BAC) measurement test. Breath analysis tests are among the most common, and the most likely you will face right away.

These tests may still feel invasive, though, and so you may think that you have a right to refuse them. But do you in reality?

Implied consent laws and driving

As BACtrack states, the administration of a breath analysis test may seem like a dead end. It may seem like an invasive breach of your personal space. You may think that you have the right to turn one down and simply refuse to take it.

Of course, these assumptions are all incorrect. Due to implied consent laws of the road, you actually already agreed to any BAC tests the second you started to drive on public streets.

Penalties for refusal

You can still refuse to take the test, of course, as an officer cannot physically force you to. However, they must alert you to the consequences you face if you follow through with your refusal.

These consequences can include things like extended time in jail or additional fees in the event that you actually get convicted of a DUI charge. However, even if the DUI charges get dropped, you will still lose your license for a year. Judges can also still use your refusal to take a test as a sign of guilt.

In other words, while you have nothing to gain from refusing a BAC test, you have quite a lot to lose.

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