Breath Test Refusal
Breath Test Refusal: What You Need to Know
Getting pulled over for suspected drunk driving is scary. The officer asks you to take a breath test to measure your blood alcohol level. You have the right to refuse it, but what happens if you do? Let’s break down breath test refusal and what it means in simple terms.
What is a Breath Test?
A breath test, or breathalyzer, estimates your blood alcohol concentration (BAC) by analyzing your breath. You blow into a handheld device or machine at the police station. If your BAC is over the legal limit – 0.08% – you can be arrested for DUI.
Can I Refuse a Breath Test?
Yes, you can refuse a breath test as well as field sobriety tests. You have the right to decline under the Fourth Amendment. But there will be consequences if you do.
What Happens If I Refuse a Breath Test?
Refusing a breath test triggers an automatic one-year driver’s license suspension in most states. Your license can be taken on the spot. You’ll have to attend a DUI class and pay reinstatement fees to get it back.
A refusal can also be used as evidence against you in court. Prosecutors can tell the jury you likely failed the breath test and tried to hide incriminating evidence. So you may still be charged and convicted of DUI based on the officer’s testimony and other clues of impairment.
Should I Refuse the Breath Test?
There’s no clear “yes” or “no” on refusing. An attorney can advise you based on your case specifics. Sometimes the suspension is less damaging than a failed BAC. But the refusal can hurt you in court.
If your BAC is clearly over the limit, taking the test provides solid proof for prosecutors. Refusing may limit some evidence. But if it’s borderline, refusing prevents a definite BAC number from being used against you.
What If I Initially Refuse Then Change My Mind?
In some states you can recant your refusal within a certain timeframe, usually 30-90 minutes. But officers aren’t required to let you take the test if you initially refuse. The consequences may already be in motion and irreversible at that point.
What About Blood Tests?
Blood tests are more invasive than breath tests, but work on the same principle of measuring BAC. As with breath tests, you can refuse a blood draw. But you’ll face the same penalties of a suspended license and possible evidence of guilt at trial.
In many states, refusing a breath test gives police probable cause to get a warrant and forcibly take your blood. So you could end up providing a sample anyway if they pursue that route.
When Can I Get My License Back?
After a breath test refusal suspension, requirements to reinstate your license vary by state. Many require you to install an ignition interlock device for 6-12 months once you regain driving privileges. You’ll also need SR-22 insurance coverage for several years which can be quite costly.
The Takeaway on Refusing a Breath Test
You have the right to refuse roadside sobriety and breath tests when pulled over for DUI. But just know there will be consequences that can seriously disrupt your life. Before making a decision in the heat of the moment, it helps to understand the law in your state. An experienced DUI lawyer can advise you on the best options.