Is it a good or bad idea to refuse a breath test?

On Behalf of | Nov 11, 2021 | Uncategorized

You may believe that you have the right to refuse to take a breath analysis test if an officer requests one of you. However, this is a misconception that entirely ignores the implied consent laws of the road related to blood alcohol content (BAC) testing.

So is it a good or bad idea to refuse a breath test? If you do refuse, can the police take any action against you?

What are implied consent laws?

VeryWell Mind looks into the possibility of refusing to take a breath analysis test. They make a very strong stance: you should not refuse to take breath analysis tests when asked by law enforcement.

Why? Because of the aforementioned implied consent law. In legal terms, implied consent exists in a situation where a reasonable person could safely assume that a party gives their consent even if they do not give their consent in writing. When you use public roads, you imply that you have already shown consent for taking BAC tests like breath analysis tests.

The consequences of refusing a test

Police cannot physically force you to take breath analysis tests, of course. However, if you insist on refusing, they have a legal obligation to alert you to the consequences of that choice. These consequences can include fines, fees and the suspension of your license for up to a year. On top of that, you could see your insurance rates rise. The court can also use your refusal as proof of guilt. Even if you get cleared of DUI charges, you must still face the penalty for refusing a test, too.

Thus, on a whole, refusing to take this test will have no benefit and quite a number of downsides.