Refusing a Breathalyzer Test in Sacramento – What Happens?

Refusing a Breathalyzer Test in Sacramento – What Happens?

Getting pulled over for suspected drunk driving is scary. The cop asks you to blow into a breathalyzer. Your mind races, wondering if you should refuse. What are the consequences if you say no? Let’s break it down.

The Stop and Request to Take the Test

It starts when those red and blue lights flash behind you. The officer approaches your car and asks if you’ve been drinking. If they smell alcohol or see signs of impairment, they’ll likely request you take a breath test.

You have the right to refuse this pre-arrest breathalyzer. But refusing comes with automatic consequences. Let’s discuss those first.

Consequences for Refusing a Breath Test

Simply saying “no” to a breath test prompts the officer to confiscate your license. You’ll be issued a temporary paper license valid for 30 days. But the DMV will suspend your driving privileges for 1 year if it’s your first offense. It’s 2 years for a second refusal, 3 years for a third, and 4 years for fourth and subsequent refusals.

This suspension happens automatically, even if you’re not convicted of a DUI. The officer issues you an “admin per se” order of suspension on the spot. And the DMV will move to suspend your license once the officer submits a sworn report – no court hearing required.

You can request a DMV hearing to contest the suspension. But your chances of winning are slim. The DMV need only show that the officer had reasonable cause to believe you were driving under the influence. They don’t have to prove your blood alcohol level.

If you hold a commercial driver license (CDL), refusing a breath test also prompts a 1 year CDL suspension. And it disqualifies you from operating a commercial vehicle for 1 year, even if you have a regular license.

What if I’m Arrested for DUI After Refusing?

Refusing the breath test doesn’t get you off the hook. The officer can still arrest you for DUI based on other evidence like:

• Field sobriety tests
• Your driving, appearance and demeanor
• Open containers in your car
• Witness statements

If you’re arrested, you’ll have to decide whether to submit to a chemical test at the police station. Refusing this chemical test after arrest carries additional consequences.

For a first offense, it results in a 1-year license suspension. It also allows the prosecutor to tell the jury you refused, to show you had “consciousness of guilt.” This hurts your chances of beating the DUI charge.

For a second or third offense within 10 years, refusing a chemical test after arrest means a 2-year license suspension.

Should I Refuse the Initial Breath Test?

With harsh penalties, is it ever a good idea to refuse the roadside breathalyzer? Let’s go over the pros and cons.

Reasons to Refuse

Refusing the portable breath test means the officer won’t have your numerical BAC result. This gives your DUI defense attorney more room to fight the charges. Without a BAC reading, the prosecutor must rely on other evidence you were impaired. This evidence may be weaker.

Refusing also gives your body more time to process the alcohol. If you aren’t arrested right away, your BAC may drop before you take the chemical test later at the station. The chemical test result is what gets admitted in court.

Another benefit is buying time. You avoid incriminating yourself in the heat of the moment. This gives you time to weigh your options and get legal advice.

Reasons to Take the Test

On the other hand, taking the breath test could help your case. For example, if your BAC is barely over the legal limit of 0.08%, the prosecutor may agree to a “wet reckless” plea. This is a less serious charge than DUI.

Cooperating also looks good to the officer and shows you have nothing to hide. If your BAC is very low, the officer may let you go with a warning – even if you were driving poorly.

Taking the test gets you actual evidence of your innocence. And it avoids the automatic license suspension for refusing.

Strategies to Avoid the Breath Test Altogether

The best option is to avoid getting pulled over at all after drinking. But if those lights flash, here are some strategies DUI lawyers recommend:

• Politely refuse to answer when asked if you’ve had anything to drink. Don’t lie, but you don’t have to confess either.
• If asked to take a breath test, respectfully decline. Don’t argue or get confrontational.
• Ask if you are free to leave. If so, call an Uber home.
• If detained or arrested, exercise your right to remain silent until you speak to a lawyer.

And always remember – speak up to request a lawyer immediately. Don’t say anything else until they arrive.

Get Legal Help Fighting DUI Charges

Refusing a breath test prompts serious penalties. But experienced DUI lawyers know how to challenge the suspension. They also know how to fight the criminal charges with or without breath test results.

Don’t go it alone. Consult an attorney as soon as possible after your arrest. Many offer free case reviews and payment plans. With the right legal strategy, you can possibly avoid conviction and keep your license.

Drunk driving allegations are scary. But the right legal help can take some fear out of the process. Know your options and fight for the best possible outcome.