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Will refusing a breath analysis test help you?

On Behalf of | Nov 11, 2021 | Dui Charges

When under suspicion of driving under the influence, the officer that pulled you over may request you to take a breath analysis test. This test will check your blood alcohol content (BAC) levels through droplets expelled when you breathe out and can reveal how high your BAC percentage is.

You may feel like you have the right to refuse a breath test. On top of that, you may feel like refusal is the best and safest option. But is it?

Going against implied consent

VeryWell Mind takes a look at what happens if you refuse to take a breath analysis test. Refusal to comply means you violate the implied consent laws of public road use. This law states that anyone who uses public roads automatically consents to taking BAC related tests if an officer requests it. In general, implied consent laws apply in situations where a sensible person could reasonably assume that the party in question has given consent even without written proof.

Facing a hefty penalty

Even so, an officer cannot physically force you to take a BAC test. But is it wise to refuse? Again, the answer is no. If you continue to refuse, an officer must legally inform you of the consequences, which often include fines and fees along with license suspension for up to a year. On top of that, the court can and often does use a refusal to comply as a sign of guilt. Your insurance company might raise your rates as well.

Thus, overall, refusing to take a breath test will only harm you and offers no benefits. It is best to simply take the test and figure out where to go from there.