What Are the Consequences of Refusing a Breathalyzer Test?
Driving under the influence (DUI) is a serious offense with significant legal consequences. A key moment during a DUI stop is when law enforcement asks a driver to take a breathalyzer test, which measures the alcohol content in their breath to determine if they’re legally intoxicated.
A skilled DUI attorney can help you understand what happens when you refuse a breathalyzer test, the legal implications, and how DUI laws work. If you or someone you know is facing charges due to refusing a breathalyzer test, knowing your rights and the possible outcomes is crucial.
At the Law Offices of James Crosby, we strive to provide comprehensive DUI consultations for our clients. Located in Murrysville, Pennsylvania, we serve clients in the surrounding areas. Reach out today to schedule a consultation.
What Is a Breathalyzer Test?
Before diving into the consequences of refusing a breathalyzer test, it’s essential to understand what this test is and why it’s used. A breathalyzer is a portable device used by law enforcement officers to estimate a person’s blood alcohol concentration (BAC) through their breath.
Law enforcement uses breathalyzer tests to gather evidence of intoxication at the scene of a traffic stop or accident. This evidence can be used to support a DUI charge if the driver’s BAC exceeds the legal limit.
Understanding Implied Consent Laws
Most states have implied consent laws, which means that by obtaining a driver’s license and driving on public roads, you automatically consent to chemical tests (including breath, blood, or urine tests) if you’re suspected of driving under the influence.
When you’re stopped for suspected DUI, the officer will typically ask you to take a field sobriety test or a breathalyzer test. If you refuse the breathalyzer test, you’re essentially violating the implied consent law, and there are consequences for doing so.
Consequences of Refusing a Breathalyzer Test
Refusing a breathalyzer test during a DUI stop doesn’t mean you’re free from legal consequences. In fact, refusal can result in penalties as severe, if not worse, than failing the test itself. Let’s look at the specific consequences you may face if you refuse a breathalyzer test.
Automatic License Suspension
The most immediate consequence of refusing a breathalyzer test is an automatic suspension of your driver’s license. The length of this suspension can vary depending on your state’s laws and whether it’s your first offense.
This suspension occurs regardless of whether you’re ultimately convicted of a DUI, and it’s often imposed immediately after the refusal. In some states, you may be issued a temporary permit that allows you to drive for a short period before the suspension takes effect, but this varies by jurisdiction.
Fines and Penalties
Refusing a breathalyzer test can also result in significant fines and other penalties. These fines vary by state, but they can range from a few hundred to several thousand dollars.
In some cases, refusal penalties are in addition to any fines or penalties you may face if you’re convicted of a DUI. For repeat offenders, the fines can increase dramatically, and you may also be required to attend alcohol education or treatment programs.
DUI Charges May Still Apply
Many people refuse a breathalyzer test because they believe it will prevent them from being charged with a DUI. However, refusing the test doesn’t mean you won’t face DUI charges.
Without a breathalyzer reading, the prosecution may rely on observations to build a case against you. In some states, refusing a breathalyzer test can even be used as evidence of guilt in a DUI case, as it may suggest that you were trying to hide your level of intoxication.
Increased Penalties for DUI Convictions
If you refuse a breathalyzer test and are later convicted of a DUI, you may face harsher penalties than if you had taken the test. This is because many states impose stricter penalties on individuals who refuse chemical testing.
For example, you may face longer jail sentences, higher fines, and a longer driver’s license suspension than someone who took the test and was convicted of DUI.
Additionally, some states have laws that impose mandatory jail time for refusing a breathalyzer test, especially for repeat offenders. This means that even if it’s your first DUI offense, refusal could land you in jail, whereas someone who cooperated with the test might avoid incarceration.
Ignition Interlock Device Requirements
In many states, if you refuse a breathalyzer test and are convicted of a DUI, you may be required to install an ignition interlock device (IID) in your vehicle. An IID prevents your car from starting unless you provide a breath sample that shows no alcohol in your system.
The duration of time you’re required to use an IID can vary based on state law and whether it’s your first offense. In some cases, you may need to use the device for several months or even years. Installation and maintenance of an IID come with additional costs, which you must cover out of pocket.
Higher Insurance Rates
Another consequence of refusing a breathalyzer test is the potential for significantly higher car insurance rates. Insurance companies view DUI charges and breathalyzer refusals as indicators of risky behavior, and they may raise your premiums accordingly.
In some cases, your insurance provider may even cancel your policy, leaving you to find a new provider willing to insure a high-risk driver.
Criminal Record
Refusing a breathalyzer test can result in a permanent mark on your criminal record, especially if it leads to a DUI conviction. A DUI charge can appear on background checks, which may affect your employment prospects, professional licensing, and housing opportunities.
Having a criminal record can also limit your ability to travel to certain countries, as some nations restrict entry to individuals with DUI convictions.
Pros and Cons of Refusing a Breathalyzer Test
Given the serious consequences of refusing a breathalyzer test, it’s important to consider whether refusal is a good course of action in any DUI stop. In many cases, taking the test may result in a DUI charge, but refusing the test doesn’t mean you’ll avoid legal trouble—in fact, it often leads to more severe penalties.
While refusing a breathalyzer might seem like a way to protect yourself, it’s important to realize that law enforcement officers can use other evidence to support a DUI charge.
Additionally, the automatic license suspension, fines, and potential for increased penalties make refusal a risky choice. In most cases, it’s wise to comply with the test and then consult with a DUI attorney to explore your legal options.
Can You Challenge a Refusal Penalty?
If you refuse a breathalyzer test and face license suspension or other penalties, you may have the option to challenge the consequences in court. Depending on the circumstances of your case, you may be able to argue that the officer didn't have probable cause to stop you or that the breathalyzer test was improperly administered.
However, challenging a refusal penalty can be difficult, and it’s essential to work with a knowledgeable DUI attorney who can guide you through the process. An attorney with experience in DUI cases may evaluate the evidence and identify potential defenses.
In some cases, it may be possible to negotiate reduced penalties or avoid a DUI conviction altogether. Consult an experienced criminal law attorney for legal advice and guidance.
Take the First Step to Defense
If you or someone you know is facing charges due to refusing a breathalyzer test, it's important to reach out to a skilled legal professional like Attorney James Crosby. Our firm provides quality services to Murrysville, Pennsylvania, and the surrounding areas of Harrison City, Greensburg, Latrobe, and Westmoreland County. Contact us today to schedule a consultation.