Breath Test Refusal

Did you know that, if you are ever stopped on suspicion of drinking and driving, you are legally required to perform a breath if the officer requests one? Although most people are unaware of this legal obligation, by law, any driver who is asked to submit to chemical testing—such as a breath or blood test—must comply with the request. In fact, refusing to take a breath test can result in a separate criminal charge for breath test refusal.

You may not have realized it at the time, but when you applied for and received your driver’s license, you entered into a legally binding agreement with the state. In turn for allowing you to drive on their highways, you promised to abide by the state’s traffic laws—which included strict guidelines regarding driving under the influence of alcohol or drugs (DUI).

Along with agreeing not to drive while intoxicated, when you accepted your driver’s license, you also agreed to submit to breath testing if a police officer ever pulled you over for DUI. As a result, refusing a breath test is a crime in and of itself—and as such, a breath test refusal can lead to serious legal consequences. In fact, nineteen states now enforce severe civil and criminal penalties for the offense, including an automatic license suspension, expensive fines, and even jail time.

Depending on the state, the penalties for refusing a breath test can even be more severe than the penalties for failing. For example, in Alaska and Minnesota, drivers who refuse a breath test are sentenced to mandatory jail time—even if it is their first offense. Some states impose even tougher penalties for repeat offenders, often giving these individuals up to two years in jail for a breath test refusal.

Due to such consequences, it is important for you to seek legal aid immediately if you were recently charged for a breath test refusal. Even if you are not convicted of DUI, you can still be found guilty for refusing to take a breath test in some states. Fortunately, an experienced DUI attorney will be well-versed in the breath testing laws in your state, and he or she can use this knowledge to create a strong defense strategy for your case.

Remember, while refusing a breath test is a serious offense, there are numerous ways to fight the charges against you. A knowledgeable attorney can evaluate your case to determine the best solution for your situation and, in many cases, help you avoid conviction. Contact a DUI lawyer in your area today to discuss your pending charges.