Why You Should Not Refuse a Breathalyzer Test

Why You Should Not Refuse a Breathalyzer Test Addiction Alcohol Use Drunk Driving Print Why You Should Think Twice Before Refusing a Breathalyzer Test By Buddy T facebook twitter Buddy T is an anonymous writer and founding member of the Online Al-Anon Outreach Committee with decades of experience writing about alcoholism. Learn about our editorial policy Buddy T Updated on September 03, 2019 chrispecoraro / Getty Images More in Addiction Alcohol Use Drunk Driving Binge Drinking Withdrawal and Relapse Children of Alcoholics Addictive Behaviors Drug Use Nicotine Use Coping and Recovery If you regularly get behind the wheel while drinking alcohol chances are you will someday be stopped by the police. You will probably be asked to take a roadside sobriety test, a breathalyzer test or a blood or urine test. Your initial reaction might be to do nothing that would incriminate yourself. After all, this is the United States. We all have the Fifth Amendment right against self-incrimination, correct??? You may also be thinking that if the police havent conducted a breath test or blood-alcohol test, they would have no evidence to use in court to prove that you are intoxicated, so you would never get a conviction, and that all you have to do is stick to your story that you only had a couple of drinks. You would be wrong on both counts. Implied Consent Laws The legal point that you may be overlooking is the fact that driving in this country is not a right, it is a privilege. That privilege is granted to you by the state in which you live after you meet certain conditions, such as passing a written and/or driving test. You are also not granted the privilege to operate a motor vehicle unless you agree to abide by certain regulations and conditions. In all 50 states, those conditions include something called implied consent. You may not have noticed, the last time you applied to renew your drivers license, but you signed an agreement in which you promised to the implied consent laws of your state. It was there, in the fine print. What Implied Consent Means Typically, most states implied consent laws include:?? Carrying a driver’s license and proof of insurance and producing them when asked by law enforcement.Consenting to blood, urine, and/or breath tests to determine your blood-alcohol content if asked.Performing field sobriety tests when requested. In some states, the implied consent terms are printed on the back of your drivers license itself. You Can Still Refuse to Take Sobriety Tests Regardless of what the implied consent laws are in your particular state, you are subject to those in the state in which you are driving. Even though you agreed to abide by these conditions when you applied for a drivers license, you can still refuse to take the sobriety tests. However, in every state, refusing to submit to such testing is itself a violation that carries its own penalties, regardless of whether you are convicted of drunk driving or not.?? Its the job of our law enforcement officers to keep the roads safe for everyone. If the officer believes that you are intoxicated and a danger to yourself and the public, he can arrest you just because you refused to take the tests. Refusal Can Mean Immediate License Suspension In some states, the officer can immediately confiscate your drivers license as an administrative, not criminal action, because you broke your written promise to submit to such testing when you applied for that license. You may be thinking that is a violation of your right against double jeopardy and being punished for the same crime twice. But in most states, taking away your driving privileges has been set up as an administrative function of the department of motor vehicles and not a function of the criminal court. After all, the Department of Motor Vehicles granted you those driving privileges, it can take them away. If you refuse the officers request for sobriety testing, your license can be immediately suspended for six months to a year, depending on the laws of the state in which you are arrested. You may also have to pay fees and penalties before your license can be returned.?? Increased Fines and Penalties Again, you may be thinking that you can live with the license suspension and other penalties involved in refusing to be tested, but you need to avoid a DUI conviction at all costs, so refusing to take the test will eliminate any evidence against you in a court of law. Thats not exactly correct, either. Courts will convict drivers of driving under the influence based on the officers observations both prior to pulling you over and during the arrest. His statements that he smelled alcohol, that you were slurring your words or unsteady on your feet can all be considered evidence.?? And dont forget that most police cruisers today are equipped with dash cams. Many a DUI attorney has had to back off trying to negotiate a plea deal after seeing the video of their client during the arrest.?? No-Refusal Policy In the crackdown on drunk driving, some states have now developed No Refusal strategies, in which they can obtain immediate search warrants to obtain blood samples from drivers who refuse to take breathalyzer tests. During targeted periods, usually around holiday weekends, judges remain on-call to issue search warrants on the spot, to streamline the due process procedures. The result has been more guilty pleas and fewer DUI trials.?? The Refusal Itself Is Evidence In some jurisdictions, the fact that you refused to take the requested tests is itself evidence of your guilt. Your refusal to submit to blood-alcohol concentration testing is seen in some states as an admission of guilt that can be used against you at trial. In all states, if you refuse to be tested, the penalties will be more severe if you are eventually convicted than they would have been if you had submitted to the tests in the first place.?? The bottom line is, refusing to take the sobriety tests is going to cost you more in the long runâ€"larger fines and fees, longer license suspension and possibly longer jail time if its not your first offense. If you are stopped, go ahead and take the tests. Who knows? If you only had a couple, you might pass.