If You Deny a Breathalyzer Test: What Happens Next?
Refusing a breathalyzer test can have serious legal consequences, varying significantly by location. While the specific penalties differ, the overall outcome generally involves harsher punishments than failing the test itself. This guide explores the potential ramifications of declining a breathalyzer, addressing common questions and concerns.
Understanding Implied Consent Laws
Most jurisdictions operate under "implied consent" laws. This means that by driving a vehicle on public roads, you implicitly agree to submit to chemical testing (breathalyzer, blood test, urine test) if suspected of driving under the influence (DUI) or driving while intoxicated (DWI). Refusal is considered a separate offense, often carrying its own set of penalties.
What Happens Immediately After Refusal?
The immediate aftermath of refusing a breathalyzer test usually involves:
- Arrest: You will almost certainly be arrested for DUI/DWI, regardless of whether or not you exhibit other signs of intoxication.
- Impoundment: Your vehicle will likely be impounded. You may need to pay fees to retrieve it later, and it might even be subject to forfeiture in some cases.
- License Suspension or Revocation: Expect immediate suspension or revocation of your driver's license. The length of suspension varies by state and prior offenses.
- Booking and Processing: You will undergo the standard booking process at a police station, including fingerprinting, photographing, and possibly a blood alcohol content (BAC) test (often forced if you refuse a breathalyzer).
What Are the Penalties for Refusal?
The consequences of refusing a breathalyzer test can be severe and often exceed those for a failed test. These penalties typically include:
- Increased Fines: Expect significantly higher fines than you would receive for a positive BAC test.
- Longer License Suspension/Revocation: Refusal often leads to a longer period of license suspension or revocation compared to failing the test.
- Mandatory Alcohol Education or Treatment Programs: You may be mandated to attend expensive and time-consuming alcohol education or rehabilitation programs.
- Jail Time: In some cases, refusal can result in jail time, even without other evidence of intoxication.
- Increased Insurance Premiums: Your insurance rates will almost certainly skyrocket following a refusal and DUI/DWI conviction.
- Difficulty Obtaining Employment: A DUI/DWI conviction, especially one resulting from a refusal, can significantly impact your job prospects, particularly in industries with strict driving requirements.
Can I Fight a Refusal Charge?
While challenging a refusal charge is difficult, it's not impossible. Success depends heavily on specific circumstances, including:
- Improper Police Procedure: If the police didn't follow proper procedures during the stop and request for testing, you may have grounds to challenge the charge.
- Lack of Probable Cause: If the police lacked sufficient reason to suspect you of DUI/DWI, the refusal charge might be dismissed.
- Medical Conditions: Certain medical conditions can prevent accurate breathalyzer results, which may be relevant to the defense.
However, it's crucial to seek legal counsel immediately if you refuse a breathalyzer test. An experienced DUI/DWI attorney can assess your case and advise on the best course of action.
What Happens If I Have a Medical Condition That Prevents Me From Taking a Breathalyzer?
If you have a legitimate medical condition preventing you from taking a breathalyzer test, you must inform the officer immediately. Provide documentation from a physician to support your claim. However, this doesn't necessarily guarantee you'll avoid consequences; you may still be subject to other tests (like a blood test) and penalties.
What If I'm Not Drunk But Refuse a Breathalyzer?
Even if you believe you're not intoxicated, refusing a breathalyzer test will almost certainly lead to an arrest and significant penalties. Your best course of action is to take the test, demonstrating your BAC. A low or zero BAC reading will bolster your defense against DUI/DWI charges.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. Consult with a qualified attorney in your jurisdiction for advice specific to your situation. The laws surrounding DUI/DWI and breathalyzer refusal vary widely by state and are subject to change.
