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Should you ever refuse a Breathalyzer test?

Should you ever refuse a Breathalyzer test?

| Apr 1, 2021 | Criminal Defense

If you are ever stopped by the police and asked to take a Breathalyzer test, you may not be sure what you should do. By law, you’ve given permission for the police to collect a simple by accepting your license. That being said, you can refuse despite that.

Whether or not you should refuse is based largely on the circumstances. For example, if you have been drinking heavily, then you may want to refuse the test to avoid aggravated penalties. Unfortunately, refusing is more likely to get you into trouble with the law, since you already gave implied consent.

What happens if you refuse a Breathalyzer test?

If you refuse a Breathalyzer test, you’ll automatically lose your license. On top of that, it’s possible that the officer could then obtain a warrant and force you to submit to testing. If you refuse to give a sample after the officer has a warrant, then you could end up facing charges for contempt. Additionally, officers would have the right to have the sample taken by force, which no one wants to see happen.

Should you refuse a Breathalyzer test?

In most circumstances, the answer is no. You should give a breath sample upon request, because you did give your implied consent. Giving a sample doesn’t mean you’ll be convicted of driving while impaired, it just means that the officer may have some additional evidence to provide to the court.

Can you fight Breathalyzer test results?

Yes, you can fight the Breathalyzer test results. Your attorney can help you do so by reviewing how the test was given, if the officer was trained to give the test, the time between tests and other factors that may have influenced the results. Showing that the test hadn’t been calibrated or that the test taken was faulty could help you have the results excluded from court.

If you have questions about your rights and when to take a Breathalyzer test, it’s worth talking to your attorney. For most people, the reality is that taking the test is better than refusing, but that is not always the case.

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