Breathe Test Refusal Archives

By | June 21, 2017

Rights in regards to DUIs, implied consent and breathe tests

Football season is right around the corner, and few things are considered more American than football, burgers and beer. But whether you’re at your friend’s house to watch the game, at a bar, tailgating before the game, or raising your glass following your team’s victory, it is important to know the law when it comes to DUIs and implied consent laws with regards to breath tests.

No-refusal policies becoming more prevalent in DUI testing

Drivers have a difficult choice to make when they are asked to submit to a Breathalyzer test after being pulled over under suspicion of drunk driving. If the driver elects to take the test and has a blood alcohol level of .08 or higher, it is likely that he will be charged with a DUI. However, all states have implemented implied consent laws to penalize those who refuse to take a breathalyzer test when asked to do so. Therefore, if a driver refuses to submit to a breath test, he will be subjected to an automatic suspension of his driver’s license.

Navigating the choice of refusing a breath test

When a driver is first pulled over a DUI, his or her first instinct may be to do whatever the officer says, including submitting to a breath test. Under California implied consent law, drivers are required to submit to a test when an officer demands it. However, drivers can still refuse a breath test.

How do implied consent laws impact breathe test refusal?

When drivers are pulled over for a DUI, they are often asked to submit to a breathalyzer test. Law enforcement officials use breath tests and other tests to help determine whether the driver is under the influence of alcohol. However, more than 20 percent of U.S. drivers suspected of a DUI refuse to take a blood alcohol test. While refusing a breathalyzer test may seem like the right thing to do when pulled-over, it also comes with consequences