If police suspect someone of driving under the influence of drugs or alcohol, then they’re likely to perform a breathalyzer test. This small radio-shaped device measures the content of alcohol in the blood by having the suspect breathe into a tube. If the test reads out a blood alcohol concentration (BAC) of 0.08% or above, then the suspect has been violating the laws.
While this test isn’t the only thing that suspects may be asked to perform, they’re likely the most commonly used test. Because of this, many people try to circumvent these tests. One such way is by flat-out refusing to take the test. While this may pass if a suspect is asked to perform a standardized field sobriety test, does this work with a breath test?
To get a better idea of this question, it’s important to know your implied consent laws. Here’s what you should know:
The consequences of refusing a breath test
Every driver, once they’re given a license, is responsible to follow implied consent laws. This is because driving is a privilege, not a right, and, thus, the privilege can be revoked. The following are a few implied consent laws:
- Responsible to carry license, registration and insurance
- Required to consent to sobriety tests
So to answer the question if you can refuse a breath test – the answer is that it won’t likely end well. Drivers who refuse to take a sobriety test can face incarceration, fees and license suspension, which often happens because people don’t know their legal options when facing a possible DUI charge.
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