If I Refuse a Breathalyzer Test, What Will Happen Next?
Being stopped for suspicion of driving under the influence is a serious charge, but you do have rights. However, there may also be strong consequences if you refuse a breathalyzer.
What will happen if I refuse a Breathalyzer test? What is the next step that I may do? Many police officers on a routine traffic stop if they suspect that the driver is under the influence of alcohol can at their discretion perform a sobriety test on the spot.
If you are pulled over for the suspicion of driving under the influence most law enforcement officers will conduct one of the field sobriety tests. A Breathalyzer test will be one of the tools that the law enforcement officers will use. If you are pulled over and you refuse to take the breath test this action may result in the loss on your license. In many states, including California if you refuse to take the breath test it will result in the immediate suspension of your driver’s license. This is due to the fact that the courts look at this action as an admission of guilt and that the driver recognizes that he would fail the sobriety test.
In any case the breath test may not be calibrated correctly. This gives you a reason to request a blood test if you feel that the breath test machine is not properly calibrated. This is the next that you will need to take if you are in a position that you had to refuse to take a breath test.
You must understand that even though you have a right to refuse the breath test if it is not calibrated you will still have to lose your driver’s privilege for about one year. It is however, better to lose your license for a year rather than have a driving under the influence charge on your record.
These are the steps that will happen if you should choose to refuse the breathalyzer test from a law enforcement officer in the event you are pulled over due to the likelihood of being intoxicated. Although each state has different procedures for this situation, it is in most cases the same due to the fact that the Alcohol laws are governed by the Federal Government and it is up to each individual states to decide how they will enforce these laws. This is what you must and will expect if you choose to refuse a breathalyzer test from a law enforcement officer at the time you are pulled over for the suspicion of being intoxicated while operating a motor vehicle. You should immediately contact a DUI attorney to help sort out the specifics of your charges.