In 2023, it was found that, according to the National Highway Traffic Safety Administration, around 2,117 deaths were reported in traffic accidents where the BAC for the drivers was between .01 and .07 g/dL.
A breathalyzer test would be administered if an officer suspects you of being under the influence. You may be wondering what would happen should you refuse. To some, such refusal may appear to be self-protective, but doing so actually entails a subsequent set of problems.
DUI laws vary between states. For example, under CT DUI laws, refusing a breathalyzer test isn’t a crime, but it does trigger serious consequences since operating a vehicle involves something called implied consent. Your driver’s license can be suspended even before any court case begins.
Let’s look at the risks of refusing a breathalyzer so that you can make better decisions if you ever face this situation.
Understanding Breathalyzer Tests and BAC Measurements
If someone stops you for an alleged DUI, understanding breathalyzer tests and blood-alcohol concentration level measurements becomes important. The breath analyser is used for measuring the BAC of an individual to determine if intoxication is present.
A person 21 or older would be breaking the law if their BAC is 0.08% or above while driving. For drivers below that age, penalties may apply even at lower BAC levels, especially if your case is under the jurisdiction of states that follow zero tolerance laws. You would be able to handle your relationships much better when the going gets tough if you understood how these BAC methods work. Bear in mind that your BAC levels can change with weight, sex, and what kind of alcohol you consume.
After consuming some alcohol, you need to arrange alternative ways to go home. Having knowledge of these factors allows you to better manage a possible DUI incident with confidence and ease.
According to breath and blood test lawyer Jacqueline Goodman, police routinely utilize breath tests to charge people for DUI, but these tests are not always accurate since their test results have sometimes been shown to have accuracy issues.
Legal Consequences of Refusing a Breathalyzer
You could lose your privilege to drive right away if you don’t take a breath test. This loss of driving privileges could make your life harder.
If you refuse to undergo a breath test in some regions, you could face harsh consequences if you are later proven guilty of driving while drunk. Some examples of these kinds of punishments are greater fines, being made to go to an alcohol education program, or even jail time.
The prosecution will use your refusal to undergo the test against you. The prosecution may call out your refusal as a sign of guilt. You must know that refusal means adverse consequences for you. Think with care before you act on breathalyzer tests.
State-Specific Laws on Breathalyzer Refusal
It helps to know the laws of your state about refusing breath tests at a DUI checkpoint. In most states, if you hold a driver’s license, you are already agreeing to be subjected to a breathalyzer test. This legal concept is referred to as “implied consent.” Automatic license suspension for refusal exists in many states, while others penalize with fines or other consequences.
Some states are more forgiving, yet the penalties are still serious. If you’re not sure what to do next, it’s best to talk to a qualified DUI lawyer. Knowing your rights ahead of time will help you relax about the situation.
Potential Impact on Your DUI Case
Knowledge of how a DUI conviction impacts your life is important since the results of the breath analyzer test can be used as incriminating evidence. There are immediate consequences for refusal, such as suspension of the license or harsh penalties after conviction.
With no breathalyzer evidence, other evidence comes to light, such as observations by an officer or field sobriety tests. This change in potential circumstances will complicate the case, so it is very important to hire an attorney with prior experience in DUI cases.
If you had knowledge of what kind of consequences would ensue, then you could steer your case in a favourable direction and gain some control over your experience.
Alternatives to Breathalyzer Tests and Their Implications
Aside from a breathalyzer test, law enforcement officers can also use different methods to determine an individual’s level of drunkenness. Field sobriety tests could be administered, wherein the officer would test your motor coordination and balance.
Blood tests could also measure BAC more precisely, although they tend to require you to be taken to a medical facility. Another alternative is urine testing, but it is seen as a less effective way to identify BAC levels.
Understand your rights and the potential benefits or consequences of either consenting to or refusing to undergo the aforementioned tests. Proper understanding of your legal rights would give you an edge when confronted by law officers during a traffic stop.
