Implied consent and its effect on your breath test refusal

On Behalf of | Aug 14, 2023 | Drunk Driving

The portable breath test is a staple of a DUI traffic stop. The results of the portable test factor into the officer’s decision to place you under arrest or not. If you choose to refuse the breath test, you might face repercussions.

Refusal to submit to the breath test violates implied consent laws.

Understanding implied consent

Implied consent laws mandate that anyone holding a driver’s license and operating a vehicle on the road consent to alcohol testing at the request of law enforcement. The law presumes that you consent to the testing by obtaining your driver’s license.

Violating implied consent

Refusal to submit to breath testing during a DUI traffic stop may lead to suspension of your license for the refusal. This is a separate suspension from anything you might face with a DUI conviction.

Defenses with implied consent violations

Refusing the breath test creates challenges with your defense against a DUI charge. Without the test results, you lose the ability to question the credibility of the officer or the manner in which they conducted the test. Refusing the test prevents you from questioning the accuracy of the equipment or the officer’s training. You may need to consider other avenues to fight the charges as a result.

Understanding implied consent and its effect on your refusal to submit to a breath test can help you prepare for any repercussions you might face. Consider the effects of the refusal on your options for defense as well as the additional consequences that may result.

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