When someone is pulled over on suspicion of impaired driving, officers may request a breath test to measure blood alcohol content. Refusing this test can have immediate and long-term consequences. In most states, drivers automatically agree to chemical testing when they obtain a license. This is known as implied consent.
Many assume declining a breath test will prevent legal issues, but that’s not always the case. While it might make it harder to prove impairment, other evidence like officer observations and field sobriety tests can still lead to charges. A DUI defense lawyer can explain how refusals impact cases based on state laws.
Benefits Of Declining The Test
While refusing a breath test isn’t always the best choice, there are reasons some drivers opt for it.
No Immediate BAC Evidence – Without a recorded blood alcohol content, there’s no direct proof of intoxication. This could make it more difficult for prosecutors to argue a case in court.
Equipment and Testing Accuracy Issues – Breathalyzers aren’t perfect. Calibration errors, medical conditions, or even diet can cause false readings. Some medical conditions, like acid reflux or diabetes, can interfere with results. By refusing, a driver avoids potential inaccuracies that might work against them.
Possible Stronger Defense in Court – In some cases, no breath test results mean prosecutors must rely on less concrete evidence. This could weaken the argument against the driver, depending on other available proof. Body camera footage, officer testimony, and other roadside tests might still be used, but without a definitive BAC result, the case may be harder to prosecute.
Avoiding an Automatic Over-the-Limit Charge – If someone suspects their BAC is over the legal limit, refusing a test might keep them from immediately being charged based on breathalyzer results alone. While this doesn’t prevent other penalties, it removes one of the strongest pieces of evidence available to law enforcement.
The Risks Of Saying No
Refusing a breath test doesn’t necessarily mean avoiding legal trouble. There are penalties that can happen regardless of whether someone was actually impaired.
Automatic License Suspension – Many states impose an immediate license suspension for refusal, often lasting longer than a suspension for failing the test. Drivers may face months or even years without driving privileges. Some states have suspension periods of one year or more, even for a first offense.
Use of Refusal as Evidence – A refusal can be used in court to suggest that a driver was aware they were over the limit. Prosecutors may argue that declining the test was an attempt to hide guilt. In some cases, a judge or jury may view refusal as a sign that the driver had something to conceal, which could negatively impact the case outcome.
Potential for Harsher Penalties – Some states add extra fines, longer suspensions, or even mandatory jail time for refusing a test. This could result in more severe consequences than simply failing the test. In states with strict implied consent laws, penalties for refusal are sometimes equal to or greater than those for a failed breath test.
Inability to Obtain a Hardship License – Some states allow drivers who fail a breath test to obtain a hardship or restricted license, which lets them drive to work or school. Those who refuse testing may be denied this option, making it even more difficult to maintain employment or other responsibilities.
How State Laws Affect The Decision
State laws determine if refusing a breath test helps or hurts a case. Some areas allow drivers to decline without additional punishment, while others impose strict penalties for refusal. It’s important to know how these laws apply before making a decision in the moment.
For example, in some states, first-time offenders face a lighter penalty for refusal, while repeat offenses carry increasing consequences. In others, declining automatically results in the highest level of punishment, even if the driver was sober. Some states also allow law enforcement to obtain a warrant for a blood test if a breathalyzer is refused, meaning refusal may only delay the process rather than prevent testing altogether.
Balancing The Pros And Cons
There’s no one-size-fits-all answer to whether refusing a breath test is the right choice. It depends on state laws, prior offenses, and other factors. Avoiding a breathalyzer may reduce the immediate evidence against a driver, but the legal consequences can be just as severe.
Refusing a breath test should not be taken lightly, as it can carry penalties beyond what many expect. Anyone facing charges related to a breath test refusal should fully understand their options. Legal guidance is often necessary to determine the best course of action. The professionals at Stechschulte Nell have experience in handling these cases and can make a significant difference in the outcome of your case.