Driving under the influence or DUI is an offense where you are caught driving the vehicle under the influence of alcohol or any other drugs to a level that it influences your capabilities of operating a motor vehicle. When the police authority stops, you suspect that you are driving under the influence; you are required to take a breathalyzer. This device tests how much drugs you have consumed. But what if you refuse to take a breathalyzer? You will be charged with the enhanced penalty for refusing to take a DUI breath test. In this blog, we will tell you all about what will happen if you refuse to take the test.
What is Implied Consent Laws?
Driving is considered a privilege instead of right; therefore, the states hold the right to suspend or revoke your driving license, charge fine, or levy jail time for not taking the BAC tests. According to the Implied Consent Laws, the drives have implicitly consented to submit to a BAC test in lieu of their driving privilege. So when you don’t take a BAC test, the court can revoke your driving privileges. While the laws differ from state to state, generally, the driving licenses of drivers are suspended up to 12 months. If people have a history of DUI conviction can face prolonged suspension or even prison time.
The Consequences of Taking a DUI Breath Test
If you take a DUI breath test, you are naturally going to face some serious consequences. The most direct implication of refusal is that you can get your driving license suspended or face jail time. It doesn’t matter if you are intoxicated or not; if an officer asks you to take a breathalyzer, it is not a great idea to refuse.
Besides, the prosecutors may continue to base their DUI charges on other aspects such as witness testimony, observation of officer, the result of sobriety tests. Your refusal to take the breath test can also be taken as a basis of the trial. Refusal itself can be treated as evidence by the prosecutor and weaken your stance. So, refusing to take the breath test when asked can land you in more trouble in the long run.
The Non-Refusal Enforcement
Drivers often refuse to take the breathalyzer test in order to avoid incrimination. And in response to that, the sates have implemented non-refusal enforcement, where the suspects can be forced to take breath tests under the warrant authority.
It provides police officers the ability to get electronic warrants on their devices from the judge. It has enabled them to address the issue of sobering up by the time their paper warrant is obtained. A majority of states have enacted no-refusal DUI enforcement, but its active implementation is still uncertain. Moreover, if you refuse to take the BAC test even after the warrant, you would end up facing serious charges, and the officers might end up taking blood tests forcefully.
Refusing to take DUI breath tests is a serious offense that can land you in a lot of trouble with the law. If you find yourself in a similar situation, make sure you hire an experienced attorney to defend you in front of the court. Your attorney will be able to reduce the Enhanced penalty for refusing to take a DUI breath test.