There are a lot of myths, rumors and misunderstandings around the topic of alcotests, and whether or not you can legally refuse them. What we want to explore in this article is exactly what your legal entitlements are when it comes to breathalyzer and field sobriety tests (FSTs), and the implications of refusing to take an alcotest in the first place.
Why You Got Pulled Over
At the stage when a police officer pulls you over they\’re demonstrating that they have probable cause to arrest you for the moving violation of a DUI or DWI. At this point you\’ve been observed, or been reported by other road users, to be driving erratically, posing a danger to yourself and other people on the road. Once you step out of your vehicle you may be asked to perform a Field Sobriety Test (FST), or to take a breathalyzer test, or both
Can I Refuse A Breathalyzer Test?
You are completely within your rights to refuse a roadside breathalyzer test – nobody can force you to take one, including the officer who pulled you over. You do also have the right to remain silent if you\’re being asked questions about whether or not you were drinking that night, or not. Refusing a DUI test is a civil infraction, which carries a tiny financial penalty, no jail time and no points on your license.
If you do refuse a roadside BAC (Blood Alcohol Content) test and/or FSTs, then you can be brought to the local police station to have secondary DUI tests performed, including breathalyzer, blood and urine testing. You cannot – under any circumstances – refuse these tests. The reason why is something called \”implied consent\”, and that a judge might grant a warranty to the arresting officers electronically, giving them the right to administer any DUI testing they see fit.
More than 25 states now have a \”No Refusal\” enforcement policy, designed to prevent drivers from sobering up before they agreed to being breathalyzed.
Implied Consent Laws
Your driving license gives you the right to drive on the roads in your state, but the granting of that license also provides police officers with implied consent authority, whereby you\’ve already implicitly consented to take a BAC (Blood Alcohol Concentration) test. Under these circumstances if you refuse to take a BAC test you\’re automatically surrendering your license.
The Fallout
As we mentioned earlier you are well within your rights to refuse a roadside BAC test, and FSTs too. What you might not be aware of is that refusal to be breathalyzed means that you can still be arrested and convicted of a DUI based on other evidence from witnesses, arresting officer testimony and failing field sobriety tests. Refusing these DUI tests can also be used against you in a trial, all depending on what state you live in.