Is Refusing Breathalyzer Test a Smart Idea?

Breathalyzer tests are being used by police departments all over the United States to check and see if people driving on the roads are under the influence of alcohol. It is a well-known fact that drinking and driving have been always a serious threat to the life of drivers and others around. This is where strict laws and breathalyzer tests help police departments to ensure safety on roads.

Unfortunately, breathalyzer tests don’t always work as well as they should. Many people are refusing breathalyzer tests nowadays -- opting for a real blood test instead. However, there can be consequences to refusing a breathalyzer test. Here is a complete guide to help you learn more about whether refusing a breathalyzer test is a smart idea or not.

Breathalyzer tests

Have You Been Drinking? It sounds like an obvious question, but if you haven’t been drinking, why would you refuse a breathalyzer test? There’s simply no reason to do it on moral grounds if you haven’t consumed any alcohol. Take the breathalyzer test and move on with your life. You don’t want to deal with the penalties you might face if you skip the test, especially if you haven’t been drinking.

Refusing Your Test Refusing a breathalyzer test is possible, but there are consequences in most states. If you’ve been pulled over and the officer who stopped you believes you’re intoxicated, you may pay the price. Many states will suspend your license for a short period of time. Others will put points on your license the same way they might after a traffic accident.

After a Refusal Since driving is considered a privilege and not your right, the state can punish you for refusing a breathalyzer test. You’ll likely be taken to get a blood test to check your BAC level which could be helpful if you’ve been drinking and may be under the legal limit once the test is administered. However, blood tests tend to be more sensitive and accurate, so unless it takes them a very long time to perform the test, individuals over the legal limit when pulled over will likely remain over the limit.

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Keating and Lyden

Keating & Lyden LLC was founded by attorneys-at-law, Robert J. Keating, and Thomas P. Lyden and is based in Boulder, Colorado, and Bellingham, Washington. The attorneys specialize in providing legal advice in real estate matters to businesses and individuals pertaining to real estate management and operation including: tenancy in common agreements, partition agreements, real estate financing, homeowner’s associations and land use issues. They also provide the highest quality legal services to small business owners and entrepreneurs.

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