Driving under the influence (DUI) is taken very seriously by authorities everywhere and they look for people doing it. Many times, the breathalyzer tool is used to spot how alcohol gets into your blood by sampling your breath. Some people may refuse to take a breath test when they are being stopped by the police. Even so, it may appear as a means to avoid being prosecuted. A DUI breath test refusal may result in an instant driver’s license loss and could be considered evidence against the driver in court.
How Does a Breath Test for a DUI Work?
A DUI breath test helps police decide if a driver is over the 0.08% BAC which is the legal limit for an adult driver. Breath tests are mainly classified into two types.
- Breath tests are carried out at the roadside using a portable gadget known as a PBT. Usually it is not required, but it helps create probable cause.
- This test is given at the police station or at a mobile unit and it is used both by police and in court.
Is There a Way to Turn Down a Breathalyzer Test?
You are allowed to decline a breath test, though the outcomes depend on whether it is a preliminary or evidentiary test and what your state’s laws say.
Laws that Say a Consent for Blood Has Been Given
- Each state’s driving laws state that you agree to chemical tests if you are lawfully stopped for suspected DUI when you get your license. Typically, refusing a breath test after an arrest is against the law.
The results of failing to take a breath test:
1. Automatic License Suspension
- Not taking a breath test can cause your driving license to be suspended, even if you are not found guilty of DUI later. Usually, people have their licenses taken away for 6 to 12 months after their first offense, depending on the state’s rules.
2. Your Information Can Be Used Against You
- In various states, not taking the breathalyzer test might result in your prosecutor arguing that you did so because you were intoxicated.
3. Fines and Penalties
- If you do not give a breath sample, you could face more fines or penalties apart from those you might receive for a DUI charge.
4. Ignition Interlock Law
- In certain states, you will still have to install an ignition interlock device (IID), even if you did not take the test and were not found guilty of DUI.
5. Possible Jail Time
- In many cases, when a person refuses a test for the second or third DUI, they could be sentenced to a prison term that is required by enhanced laws.
Defenses and Legal Exceptions
People might defend their actions by pointing out certain issues in taking a breath test.
- Not enough reason for the first stop or arrest.
- Problems that make it difficult to use a breathalyzer when blowing.
- The wrong administration or equipment issues.
People who face such action may be able to reduce the suspension or dismiss the DUI charges with the help of a skilled attorney.
Is It Wise to Refuse Taking a Breath Test?
Every situation is unique and requires a special approach. In general:
- If you have not been drinking alcohol, taking the test might help show you are not responsible
- You might face fewer charges if you refuse to test when close to (or over) the limit, but getting a reduced charge will mean having to deal with penalties for refusal.
Conclusion
Taking a breath test after a DUI is required and not doing so could result in losing your license as well as facing other legal problems. As soon as you are charged with a DUI or refusal to blow, you should talk to an experienced law professional.
