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Is it a good idea to avoid taking a breath analysis test?

On Behalf of | Jan 20, 2022 | blog, dwi

When faced with an officer asking you to take a breath analysis test, your first instinct might be to refuse. After all, if you take this test and fail, it may look incriminating and could result in you facing conviction for a DUI charge, right?

Unfortunately, the matter is much more complicated than that. In reality, you could actually face harsher consequences for refusing to take a breath analysis test than those who get convicted of DUI crimes.

Implied consent laws

Very Well Mind discusses from the angle of why you should not refuse to take a breath analysis test. It all boils down to something called an implied consent law. These laws exist in situations where a sensible person could reasonably assume that they have consented to something, despite not giving explicit spoken or written consent.

When it comes to the use of public roads, states have an implied consent law that applies automatically. This law ensures that any driver using public roads automatically consents to a breath or blood analysis test if an officer suspects intoxicated driving.

Penalties of refusal

If you refuse to take the test anyway, you face an automatic suspension of your license for up to one year. On top of that, if you end up convicted of the DUI crime, you can face additional time in jail or fees due to your refusal. Also, a judge can easily take a refusal as a sign of guilt, so it is not a good tactic to avoid suspicion, anyway.

An officer has a legal duty to inform you of the consequences of refusing a test before accepting your refusal, though. If they fail to do this, consider contacting legal help to learn about your options.