Damico & Stockstill, Attorneys at Law

Can you refuse to take the breathalyzer test?

A breathalyzer is a device that estimates alcohol levels in a person's blood. In the US, it is often used by police officers to check whether a driver is intoxicated. The test is fairly simple and plays an important role in successful convictions. The test has become fairly common but some people are still unaware of their rights when it comes to the breathalyzer test.

Refusing a breathalyzer test may have serious ramifications. If a police officer thinks that you are driving under the influence, they have every right to require you to take the test. Refusing to do so might lead to a driver's license revocation. If your offenses are more serious, you might have to face some jail time as well. Even if you successfully refuse to take the test, you might still face a DUI charge because of other evidence that the police finds on the scene.

When you get a driving license, you automatically consent to take the breathalyzer test if required. Failing to do so gives the state every right to suspend your license. The amount of time for the suspension depends on the state as well as other relevant aspects of your case. Some states have tried to solve the 'refusal' issue by coming up with a way for the police officer to get a warrant. Police officers may now receive electronic warrants to make the driver take a breathalyzer test. Refusing a warranted test can lead to even worse consequences, like contempt of court.

If you have refused a breathalyzer test, it is advisable to contact an attorney. The attorney will oversee your case and discuss your options with you.

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Damico & Stockstill, Attorneys at Law

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