Should you deny a breath analysis test?

On Behalf of | Nov 11, 2021 | DUI/DWI Defense |

If an officer suspects you of driving while under the influence, they have a battery of tests they may use to prove or disprove their suspicions. Breath analysis tests rank among the most common, as they measure the alcohol content level in your blood through aerosol particles.

You may feel an initial temptation to avoid this test at all costs, refusing to take it even when requested. But is this a good idea?

Knowing about implied consent

As VeryWell Mind states, you should not refuse a breath analysis test. This is due to implied consent laws which apply to all public road use. An implied consent law generally refers to a situation where a sensible person could accurately assume that the parties involved gave consent, despite lacking any written or verbal consent from them. In terms of DUI, you give your implicit consent to take BAC tests when you use public roads.

In other words, you already said you would take the breath test just by driving on the road. Of course, a police officer cannot physically force you to take breath analysis tests, but they will have to explain the consequences you could face if you keep up your refusal.

Consequences of refusal

Consequences can include fines and fees, suspension of your license for up to a year, and the court using your refusal as an admission of guilt. Unrelated, you may also see your insurance rates rise, which can potentially cost hundreds of dollars extra every year.

Thus, on a whole, it is not beneficial to refuse a breath analysis test. You have nothing to gain and everything to lose, especially since you still have to take the penalties for refusal even if your DUI charges get dismissed.


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