Can you refuse a breath analysis test?

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

As a driver, it is important to understand the implicit and implied agreements that you go into whenever you use a public road. This includes implied consent, which will most often come into play in situations where an officer asks you to take a breath analysis test.

But what is an implied consent law and how does it apply to this situation?

What is an implied consent law?

Very Well Mind discusses the ample reasons why you should not refuse a breath analysis test. The primary reason lies in the implied consent law. In general, an implied consent law refers to a law in which a sensible person could assume that they give their consent for a certain thing even without any verbal or written agreement.

When it comes to the use of public roads, the implied consent law means that drivers automatically consent to a breath analysis test for cases in which an officer suspects DUI. This happens essentially in exchange for use of public roads, which consists of most of the roads the average person uses.

What penalties do you face?

An officer cannot physically force you to take a breath analysis test, so by technicality, you can refuse. However, you will face numerous penalties if you do, and the officer must inform you of these potential penalties before allowing you to assert your refusal. Some penalties can include the loss of your license, even if you do not face conviction for the DUI charge.

This is why you should always take a breath analysis test if an officer asks you to. It is easier to disprove any potential red flag results in court than it is to argue against a refusal, which may look like a sign of guilt anyway.