One of the main tools that police officers use to identify drunk drivers is a breath test. This is beneficial because most drivers are governed by a legal limit, which may depend on a few different factors. The majority of drivers have a legal limit of 0.08%, for example, but some commercial drivers and underage drivers have lower limits. The breath test can show whether or not they are in violation of this limit, which is a significant form of evidence in a DUI case.
As such, if an officer pulls you over and asks you to take a breath test, you may begin wondering if you are allowed to refuse. Do you have to take the test, or can you tell the officer that you’d rather not do so at this time?
Violating implied consent laws
This is a bit of a complex and nuanced issue. On one hand, you do have the right to refuse the test. The officer will request your consent, but you don’t have to provide it.
That said, from a legal perspective, the state already views you as having given consent to chemical tests when you received your driver’s license. This is known as an implied consent law. If you have a license and you’re behind the wheel, you’ve already said that a lawful traffic stop is enough for you to submit to such a test.
Violating implied consent laws comes with specific ramifications of its own. Even if you are never convicted of drunk driving, a first offense for violating the implied consent laws can lead to a 90-day license suspension. So, while you do have a right to refuse the test, that doesn’t mean there won’t be serious consequences—and the penalties can get more strict for subsequent refusals within the next 10 years.
Drunk driving laws are often a bit more complex than people assume, so it’s very important to understand all of your rights and your legal options when facing charges.
