When stopped on suspicion of driving while intoxicated (DWI), one of the first things law enforcement may request is a breathalyzer test. This test measures blood alcohol concentration (BAC) and is often used as evidence in a DWI case. A lawyer, like a DWI lawyer, knows that while some may think refusing the test will help their situation, there are legal consequences to consider.
Implied Consent Laws And Immediate Penalties
Most states have implied consent laws, meaning that by having a driver’s license, a person agrees to submit to chemical testing if suspected of impaired driving. Refusing a breathalyzer test typically results in automatic penalties, even if there is no conviction for a DWI.
Common penalties for refusal include:
- Immediate license suspension, often ranging from several months to a year or more
- Possible fines or additional fees to reinstate driving privileges
- The requirement to install an ignition interlock device in some cases
These penalties vary by state, but in many places, refusing the test results in harsher consequences than failing it.
How Refusing A Breathalyzer Affects A DWI Case
Refusing a breathalyzer test does not mean DWI charges will be avoided and it is important to speak with a lawyer who has studied criminal law. Law enforcement can still proceed with an arrest based on other observations, such as slurred speech, the smell of alcohol, or erratic driving. Field sobriety tests, officer testimony, and video footage may also be used as evidence in court.
Prosecutors may argue that refusal suggests guilt, and some states allow this to be used against a defendant in court. In some situations, a judge may still issue a warrant for a blood test, which can provide BAC results even after a breath test was refused.
License Suspension And Long-Term Consequences
A refusal often leads to an automatic license suspension, separate from any criminal penalties related to a DWI conviction. In some states, drivers can request a hearing to challenge the suspension, but the time frame to do so is limited.
A suspended license can affect employment, daily responsibilities, and personal obligations. Some states offer hardship or restricted licenses, but these may require conditions such as mandatory alcohol education programs or the use of an ignition interlock device.
Exceptions And Possible Defenses
There are situations where a refusal may not be enforceable. For example, if an officer did not properly inform a driver of the consequences of refusal, it could be challenged. Medical conditions or other factors that prevent someone from taking a breath test may also be considered. Legal strategies depend on the details of the case, which is why consulting an attorney is often the best course of action.
Making An Informed Decision
Refusing a breathalyzer test carries immediate and long-term consequences. Attorneys like those at Archambault Criminal Defense can attest to how refusal cases are handled and what options may be available. While every situation is different, it is important to understand that refusal does not eliminate the risk of a DWI charge and often leads to additional penalties. Knowing the potential outcomes can help drivers make informed choices when faced with this situation.