You may think that if you happened to be pulled over under the suspicion of driving under the influence that your strategy of refusing a breath test is perfect. How could the police beat that? You have the right, or so you think, to refuse it so what could they possibly do after that?
Well, there are many things wrong with this line of thinking — and the first of which is that implied consent laws basically make breath test refusal a non-factor. Implied consent says that in exchange for having the privilege to drive, you consent to breath tests requested by police officers.
If you refuse anyway, the consequences against you could be more severe than if you just submitted to the breath test and proceeded. Your license would likely be suspended and you could spend time in jail. In addition, your refusal to submit to a breath test could be used against you by prosecutors in the courtroom.
As if all of this isn’t enough to debunk the breath test refusal idea already: your refusal probably won’t prevent DUI charges from being filed against you. There is still other evidence — and other tests — that can establish your inebriation, intoxication or your blood alcohol level.
Ultimately, the point is that refusing a breath test is no sure-fire strategy for protecting yourself after a DUI. What you need to do is consult with a criminal defense attorney as soon as possible and start building your defense with an experienced lawyer.
Source: FindLaw, “Can I Refuse a Breathalyzer Test?,” Accessed Jan. 5, 2015
