Can I Refuse to Take a Breathalyzer?
5 years ago by Brian
In Woodbury, Minnesota, you run the risk of being pulled over by a police officer if you are suspected of driving drunk. However, you can be pulled over for other reasons, such as a broken taillight or for not signaling while changing lanes. Whatever the case, if the officer asks you to take a breathalyzer test, you may wonder if you can refuse.
What Happens if You Refuse a Breathalyzer Test?
Refusing to take a breathalyzer test when you are stopped by a police officer who requests it can carry serious consequences. If the officer asks you to take the test, they have good reason to believe you are driving under the influence, which calls for determining your blood alcohol concentration (BAC). If you refuse, you can expect to have your driver’s license suspended. Additionally, you may even be arrested and spend time in jail.
However, even if you are not arrested, you can still be charged and prosecuted with a DUI based on other factors. The officer’s observations, witness testimony, evidence taken from the scene and the results of a field sobriety test can play a part in whether you can face a DUI charge.
Implied Consent Laws
Woodbury and Minnesota, in general, carry what is known as implied consent laws. Due to the laws, whenever you get behind the wheel of a car, you have given consent to submit to a breathalyzer or any other chemical test. Also, as per the law, if a police officer has probable cause to believe you are driving under the influence, they are compelled to give you a test. Per the implied consent laws, if you refuse to submit to the breathalyzer, you are breaking the law.
In addition, even if you are not convicted of a DUI, your license can still be suspended if you refuse a breathalyzer. Losing your license can adversely affect your life in a number of areas, including your ability to keep your job or get a new one, going grocery shopping or performing other everyday errands.
It’s important to know that even if you refuse to take a breathalyzer, you may be subject to other tests, such as a blood test. If you are arrested after refusing the breathalyzer, the officer can take you to the nearest hospital and have your blood drawn for testing. In most cases, blood tests are done for drivers who have had an accident or for those who are repeat offenders.
Your Options if Your License is Suspended
If your driver’s license is suspended because you refused to submit to a breathalyzer test, you have options for trying to get it reinstated. There are two things you can do in this situation:
• Appeal to the Department of Public Safety (DPS)
• Appeal to the criminal court system
If you have been arrested after refusing a breathalyzer test, you need a skilled Woodbury DUI lawyer on your side. Get in touch with JS Defense at your earliest convenience to discuss your case. An experienced Woodbury DUI lawyer will begin building a strong defense that may get the charges against you reduced or even dropped.
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