Can you refuse a breath analysis test?

On Behalf of | Jan 19, 2022 | Dui Defense |

When you hit the road and utilize public roads maintained by the city, you actually invoke an implied consent law. This law essentially means that you give your consent to a breath analysis test if an officer suspects you of driving under the influence and asks you to take one.

But do you really have no refusal options? Can an officer force you to take one of these tests anyway?

Loss of license

Very Well Mind actually suggests against refusing a breath analysis test. While an officer cannot physically force you to take a breath analysis test due to the legalities of using the physical force necessary to do so, they must immediately alert you to the consequences of continuing to insist on refusal.

First, you risk losing your license for up to a year. You can even face fines and time in jail for a refusal, too, along with ending up with an ignition interlock device installed on your vehicle.

Additional penalties

On top of that, you will still face the consequences of refusing a breath test even in the event that the DUI charges fall through and you do not face conviction for them. Also, if your aim is to avoid looking guilty, refusal to take a breath test can also end up used in court as a sign of guilt.

In other words, there is no benefit to find in refusing to take a breath analysis test. You will just end up losing your license and facing additional penalties on top of potentially looking guilty anyway. It is better to simply take the test when and if asked, and contact legal aid soon after to decide how to proceed from there.