Breathalyzer Refusal

Did you know that almost every state has laws that require drivers to submit to breath testing if a member of law enforcement suspects them of driving under the influence (DUI)? Indeed, in many areas, the penalties for a breathalyzer refusal can be just as severe—if not more so—than for failing.

Regardless of the state, it is against the law to drive if you have a blood alcohol content (BAC) of 0.08% or higher (although some states also have lower BAC guidelines for drivers under 21 and those who operate commercial vehicles). As a result, anyone found with a BAC above this amount can expect to be arrested for DUI—and in most cases, this will be determined by the results of the driver’s breath test, or breathalyzer.

As its name implies, a breathalyzer works by measuring alcohol found on a person’s breath and then using that amount to calculate his or her BAC. Because impaired drivers are more likely to be involved in a serious auto accident than other motorists, the laws are pretty cut and dry when it comes to driving under the influence: if you drive drunk, you will be arrested for DUI.

Since the dangers of drunk driving are so well-known, all drivers are expected to comply with federal and state BAC guidelines—and these guidelines often include a little-known stipulation known as “Implied Consent.” What’s more, even if you’ve never heard of this rule, you may still be expected to follow it if you live in one of the many states that have an implied consent law.

So what does implied consent mean? In simple terms, it means that by accepting a driver’s license, you not only agree to abide by your state’s BAC guidelines, but that you also agree to allow a member of law enforcement to administer a breathalyzer if he or she suspects you are under the influence of alcohol or drugs. Consequently, if you fail to comply with this request, you can be arrested and charged with DUI.

While the exact penalties for refusing a breathalyzer vary based on the laws in your area, almost every state with implied consent laws impose an automatic license suspension on drivers who refuse to perform a breath test. In addition, your refusal could also be used as proof of your guilt when your case is heard in criminal court. In some areas, you could also be fined or face jail time if you are convicted of the offense.

If you were recently pulled over on suspicion of DUI and refused to perform a breathalyzer when asked, it is important to be familiar with the penalties for a breathalyzer refusal in your state. To learn more about the laws in your area, make sure you discuss your case with an experienced DUI defense attorney immediately after your arrest.

Fill out a free online DUI case evaluation to find a firm that specializes in drunk driving defense today.

States and Cities:
AK	Alaska, Anchorage	LA	Louisiana, New Orleans	OH	Ohio, Cincinnati
AL	Alabama, Montgomery	MA	Massachusetts, Boston	OK	Oklahoma, Tulsa
AR	Arkansas, Little Rock	MD	Maryland, Baltimore	OR	Oregon, Portland
AZ	Arizona, Phoenix	ME	Maine, Portland	PA	Pennsylvania, Philadelphia
CA	California, Los Angeles	MI	Michigan, Detroit	RI	Rhode Island, Providence
CO	Colorado, Denver	MN	Minnesota, Duluth	SC	South Carolina, Charleston
CT	Connecticut, Hartford	MO	Missouri, Branson	SD	South Dakota, Sioux Falls
DE	Delaware, Wilmington	MS	Mississippi, Jackson	TN	Tennessee, Nashville
FL	Florida, Orlando	MT	Montana, Bozeman	TX	Texas, Houston
GA	Georgia, Atlanta	NC	North Carolina, Charoltte	UT	Utah, Salt Lake City
HI	Hawaii, Honolulu	ND	North Dakota, Fargo	VT	Vermont, Burlington
IA	Iowa, Des Moines	NE	Nebraska, Omaha	VA	Virginia, Richmond
ID	Idaho, Boise	NH	New Hampshire, Portsmouth	WA	Washington, Seattle
IL	Illinois, Chicago	NJ	New Jersey, Newark	WI	Wisconsin, Milwaukee
IN	Indiana, Indianapolis	NM	New Mexico, Albuquerque	WV	West Virginia, Charleston
KS	Kansas, Kansas City	NV	Nevada, Las Vegas	WY	Wyoming, Cheyenne
KY	Kentucky, Lexington	NY	New York, New York	DC	Washington DC