Several drivers face situations that require law enforcement to ask them to take a breathalyzer test.
This is a familiar situation, and it often happens during standard traffic stops or post-impaired driving investigations. Every motorist should know the legal ramifications of refusing such a test.
Legal Framework
Breathalyzer tests are regulated in most regions. Usually included as part of what is known as implied consent statutes, the laws state that simply by driving a vehicle, the driver is presumed to have consented to chemical tests for alcohol if the officer suspects the driver of driving while impaired to a degree that the driver is a hazard to himself or other people.
There are penalties involved in refusing a breathalyzer, and they depend on the jurisdiction where the driver is pulled over. Speak to a Burbank DUI Lawyer about protecting your rights as soon as you are able to.
Immediate Penalties
The penalty for refusing to submit to a breath test can also be very severe and immediate. In some areas, the driver’s license is suspended automatically for refusal.
The suspension happens regardless of whether or not the person was truly drunk. In some areas, of course, rejection of the test can even cost a fine or require the passing of certain educational programs.
Long-term Consequences
Refusing a breathalyzer also has long-term consequences in addition to those immediate penalties. Refusal is viewed negatively in courts but may not be helpful in the DUI case.
Refusal can sometimes be construed against drivers as a consciousness of guilt and result in decisions made to the detriment of the driver in court.
Insurance Implications
Insurance companies commonly hike premiums in cases of refusing to take a breathalyzer. A refusal is treated the same way as a DUI conviction and raises rates as well for 3-5 years. In certain situations, they may flat-out deny the insurance coverage altogether, viewing the person as a high-risk motorist.
Why You Need An Attorney
Thus, it becomes necessary to hire experienced legal representation when faced with breath analyzer-related charges. An experienced attorney knows how to maneuver through the labyrinth of DUI laws and can often lessen the impact of refusal. Also, legal experts help with stepwise guidance to follow the proper legal procedure, enabling rights protection.
Exceptions And Special Cases
There are exceptions to where denial will not draw harsh punishment. It may be a valid defense if a medical condition or disability exists such that the person is unable to complete a breath test as requested. Still, such cases are typically far less accepted in court since plenty of documentation and legal power help clear the claims.
Alternative Testing Methods
Breath tests are only one type of chemical test; if you refuse a breath test, you may not necessarily avoid all chemical tests.
Law enforcement may also ask for blood or urine tests, which can still show evidence of impairment. Failing to accept these options is often treated as the same as refusing a breath test and carries the same legal consequences.
State Variations
The rules surrounding breathalyzer refusal differ greatly from one state or region to another. In some jurisdictions, punishments for driving without a valid license are stricter, while in others, license offenses may be punished more lightly. For this reason, legal counsel is vital, as drivers may need to understand particular local laws.
Public Safety Concerns
Breath tests are implemented primarily to protect the public by discouraging driving while under the influence. Not taking a test sends the message that the driver might be a public safety threat.
Refusal is often seen by authorities as an attempt to conceal someone taking a breath test, making the case for stringent punishments even stronger.
Conclusion
Consequences of Refusing Breathalyzer Test You may end up unpacking many legal and financial troubles for declining to take a breathalyzer.
Drivers may want to consider refusing to avoid being immediately incriminated, but the long-term consequences often outweigh the short-term benefits.
Knowledge of local law and the possible consequences is important for the decision-making process. Hiring a legal expert helps them understand their rights and has a professional guide them through the nuances of DUI law.
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