Is Refusing To Take A Breathalyzer Test A Good Option?
Every state has implied consent laws that specify you agree to be subjected to testing if you're stopped by police under suspicion of DUI. However, police cannot force you to take a breathalyzer test, and you can refuse to submit to one. Whether that's a good idea depends on if you think the consequences justify any potential benefits.
The Advantages May Be Minimal
Breathalyzer tests measure your blood alcohol count, and prosecutors like them because they provide definitive proof you were driving while over the legal limit. People don't always display the normal signs of intoxication, especially if they are long-time heavy drinkers. In absence of corroborating evidence, a prosecutor could still get a conviction using just the breathalyzer results.
So, refusing to submit to a breathalyzer could potentially get the DUI charges against you dismissed for lack of evidence. However, the sticking point here is there would also have to be dearth of other clues that you were driving while intoxicated, which isn't likely in most cases.
The court will also consider eye witness testimony from the police officers who stopped you. Since police have a high level of credibility with the court, you could still end up being convicted if the officer testifies you exhibited signs of being drunk, such as swerving on the road, slurred speech, and unsteady gait.
The Consequence Can Be Great
Essentially, by refusing to take a breathalyzer test, you are gambling on the chance you'll win your DUI case by default. And that probably wouldn't be a bad bet to take if the consequences of weren't so harsh.
Depending on where you live, the penalties for not submitting to a breath test include
- License suspension or revocation of up to 4 years in some states
- Fines
- Jail time if you have prior DUIs
- Sentencing to drug and alcohol treatment
- Being required to install an ignition interlock device
Additionally, the refusal will go on your driving record, which can cause even more problems. Some insurance companies will cancel your policy for not taking a breath test, and you may lose your job if you're required to have a good driving record and your employer sees that black mark on it.
All in all, it's probably better just to do the breathalyzer and hire a DUI lawyer to defend you in court. There are a number of things your lawyer can do to get any tests done thrown out, so it's best not to destroy your future just on the off chance you might avoid a DUI.
For help with your DUI case, contact a local defense attorney.