If a police officer suspects that you’re impaired and pulls your car over, they may have you take certain tests to determine that impairment. These could start with field sobriety tests, such as the one-leg stand. But the officer may then ask you to take a breath test. This measures your blood alcohol concentration so that the officer can compare it against the legal limit, which is 0.08% for the majority of drivers.
But are you obligated to take this test? Or do you have the option to refuse?
Implied consent
It’s a complex issue. On one hand, implied consent laws mean that drivers who obtain their license give their consent to take these tests during legal traffic stops. The only way that the state will give you a license is if you say that you’ll take a breath test when requested by the police officer.
However, you can still refuse to take that test in the moment. You’re not going to be forced to take it. But refusal does violate the implied consent laws.
If you do this, there are ramifications. If it’s your first time refusing a breath test, then it’s going to lead to a one-year license suspension. Within the next 10 years, if this happens again, you would lose your license for two years. For a third offense, you would lose your license for three years. The ramifications escalate each time.
Of course, a breath test is only one type of evidence that may be used in a drunk driving case. If you’re facing charges or have lost your license, take the time to carefully review all of your legal options.
