(Newswire.net — May 3, 2017) — Once, people got behind the wheel of their automobiles without giving their sobriety a second thought. Those days are well behind us. In 2014 alone, over 9900 people died as a result of drunk driving. Over the past several decades, DUI laws have become much stricter and the consequences, more life-altering. If you are pulled over for a suspected DUI, there are things you can do to protect yourself and others from doing something that may only make things worse or ensure that you will be found guilty.
One of the biggest questions about being pulled over for a DUI is whether you should take or refuse the breathalyzer test. A breathalyzer is used in a court of law to prove that someone has been drinking and is impaired when they get behind the wheel. Besides the field sobriety test and any eyewitness accounts of the events before someone gets into a car, there is no other way to prove that you have drunk too much to drive. Therefore, it would seem that if you know you have been drinking, you should say no to a breathalyzer exam.
The problem is that because many car accident lawyers tell clients to deny a breathalyzer exam, a lot of states have decided to make refusing the test tantamount to admitting guilt. If you refuse a breathalyzer, then in many states that is an admission of driving while intoxicated.
When you are suspected of driving drunk, an officer uses your driving behaviors as a presumption of pulling you over for a field sobriety test. Erratic driving, not following the rules of the road, speeding, or even going under the speed limit, are all things that law enforcement can use as grounds to pull you over for a field sobriety test. Whether it is a checkpoint or you get pulled over for suspicion of driving while impaired, there are pros and cons to blowing into a breathalyzer. Knowing what they are is very important to your DUI defense.
If you refuse to take a breathalyzer test, you must understand that you might still face serious consequences — sometimes more severe than if you would just take the exam. If an officer pulls you over under suspicion of being intoxicated and you refuse to take the BAC exam, then it’s likely you might have to surrender your driver’s license or face jail time.
In the past, many people have assumed that if they refuse the test there is not much evidence that will hold up in court, but prosecutors have started changing the rules. While failing to take a breathalyzer may not put you immediately under arrest, all the other substantial evidence that law enforcement might have collected, such as officer observations, eyewitness accounts and the results of a field sobriety test, might be enough to charge you with a crime. Your refusal will likely not be the catalyst for the officers to drop the charges. In fact, it might be what pushes them to make an arrest.
In some states refusing to take a breathalyzer test can carry only a small penalty. If you are in an accident, refusing to either take a breathalyzer or blood, urine, or breath test can result in much harsher consequences and penalties.
How implied consent laws affect your rights
When you get a driver’s license, it is considered not a right, but a privilege. Along with that privilege, states are allowed to either revoke or suspend your license, impose fines, or even keep you in jail if you refuse a BAC test. Due to implied consent laws, when you get your license, you give up your rights not to take a breathalyzer should you be suspected. States will typically suspend licenses for up to 12 months for failure to take a breathalyzer test. Depending on the state and jurisdiction, if you have a DUI on your record already, you could face serious jail time. Current statistics indicate that only 20% of those who are suspected take the BAC test, but there are wide variations according to the state.
No-refusal
As a response to the low compliance rates, many states have instilled a “no-refusal” enforcement. Thanks to the marvel of technology, law enforcement can obtain a warrant on the scene to force someone they suspect into taking a BAC test onsite. If you refuse, you can be charged with contempt of court. Some states still allow drivers to contact an attorney before taking the test. It all depends on the jurisdiction.
The truth is, even if you refuse a BAC test and you are intoxicated, you are going to be charged with a DUI. Whether or not taking a breathalyzer is a good idea for your situation and individual case depends on location and driver history. It is always best to consult an attorney to do what is best and not compromise your case.