A breathalyzer test is done on a driver when he or she is suspected of driving while being under the influence of alcohol or a drug. There is a good chance that someday it might be you who will be asked to do the test. The test is done to know the blood-alcohol concentration (BAC) in your body, and is presented as a proof in the court of law. You might’ve heard some stories of your friends in which they refused to do the test, but what exactly happens if you refuse to do it? Let’s take a look-
Refusal to do the Test
The refusal to take the test does have its consequences. If the concerned police officer takes you to be intoxicated and you refuse the test, you are risking your driving license getting suspended, and might even get jail time. Also, an intelligent officer will still be able to find proofs which might get you charged under DUI/DWI, for which you’ll have to hire a Fort Bend DWI Lawyer.
Implied Consent Laws
For those who don’t know, driving is actually a privilege and not a right, and you graciously agreed to these terms and conditions when you signed the form for your driver’s licence. Under the implied consent laws, you also have agreed to a BAC when suspected for a case of DUI. This gives the state to take action against you for a refusal of the Breathalyzer test. The refusal also implies you surrendering your privilege to drive.
There are some states who comply by a no refusal enforcement, wherein a police officer can force you to a Breathalyzer test with the help of a warrant. With the help of electronic warrants, this process has become rather quick.
What Should I Do?
In such a situation, the best thing to do is to take the test. But if you have made up your mind on not taking the test, there are some states which grant the privilege to drivers to contact the Fort Bend DWI Lawyer so to take their advice on which test to take. For that you need to check out the laws of individual states.