Many people do not realize that they have the right to refuse to take a breathalyzer during a traffic stop, and because they do not know they have this right, people will commonly take the test even though they do not want to. If you are pulled over, you should realize that you could refuse to take the test; however, if you refuse this, there are consequences you should know about.
You may get arrested due to failure of a field sobriety test
If the police suspect that you are under the influence of alcohol when they pull you over, they will likely complete a field sobriety test with you. This is a test that basically asks you to do certain things, such as walk in a straight line or balance on one foot for a certain length of time. If you cannot do the things the officer asks you to do, the officer will report that you failed the sobriety field test. Failing this test can lead you to an arrest and a lockup in jail for a DUI charge or a similar charge.
Refusal of a breathalyzer often makes you look guilty
After the field sobriety test is complete, the officer may ask you to take a breathalyzer. Taking this test is totally optional for you, but you should realize that failing to take it will make it appear that you are guilty. After all, why would you refuse to take it if you were sober? It is also important to know that when you get a driver's license, there is an implied content rule that states you agree to take tests like this if asked. Failing to do so could result in losing your driving privileges.
The consequences are usually worse if you refuse the test
You should also understand that while you may not want to take the test, not taking it when asked typically results in worse consequences than taking the test. In your case, the officer will appear in court and will testify that you refused the test. This not only looks bad but it generally also results in worse charges and more consequences.
If you are pulled over and do not want to take the breathalyzer, you do not have to, but you should weigh the pros and cons in this before making up your mind. If you have questions about this, talk to a DUI attorney today.
My husband has worked in the construction industry for nearly twenty years. Three years ago, he decided to open his own business performing renovation work. Having so much experience helped him land clients and showed him that he has to protect himself from the clients that aren't so easy to please. We started working with an attorney in the beginning to have all of the contracts drawn up and have called when things go badly with clients. This blog will show you what you need to do to protect yourself from legal liabilities when you work as a contractor in today's world.