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Can you refuse breath analysis tests?

On Behalf of | Jan 24, 2022 | DWI Defense |

Before you hit the roads, you should understand everything you sign up for by using a public road system. For example, have you heard the term “implied consent” before? Did you know that by using public roads, you actually enter an implied consent legal agreement with the state?

By using public roads, you imply that you give your consent to law enforcement to run DUI-related tests if they suspect you of driving under the influence. So what happens when an officer asks you to take one and you refuse?

Consequences of refusal

Very Well Mind points out that while you can, you likely should not refuse a breath analysis test if an officer asks you to take one. If you do refuse, an officer has legal obligations to let you know exactly what consequences you may face by refusing.

First and foremost, any refusal will result in the immediate one-year suspension of your license. This will hold true even if you do not face conviction for your DUI charges. However, if you do end up convicted of DUI charges, you will face the possibility of additional time in jail or fines due to your refusal to submit to a breath analysis test. This comes in addition to any time or fines you may face for the DUI charge.

Avoiding implications of guilt

Many people try to avoid taking these tests to avoid implicating themselves in DUI cases. However, the court can also use the refusal to take a test as a potential sign of guilt. In other words, the main reason to refuse does not actually hold up. By refusing a test, you have everything to lose and nothing to gain.