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Why should you take a breath analysis test when asked?

On Behalf of | May 31, 2022 | Criminal Defense |

Breath analysis tests – and most other forms of BAC tests – may seem quite invasive in some ways. Due to the invasive nature of said tests, many individuals may feel like an officer cannot possibly force them to take one.

While this is partially true, refusing to take a test is an extremely poor idea that will generally only lead to difficulties.

The penalties you face

The National Constitution Center discusses potential consequences for refusing a breath analysis test, or in fact any form of blood alcohol content (BAC) test. If a driver refuses to take a BAC test when asked directly by an officer, the officer then has a duty to tell the driver what they risk by refusing.

The driver will lose their license for a year due to suspension, which is non-negotiable. This means even if the driver does not face any other charges, they still lose their license. If they end up convicted of a DUI-related crime, they can also face additional time in jail or extra fees due to their refusal to take the test.

The guilt of refusal

A court can even use the refusal to participate as a sign of guilt. This negates the main reason most drivers do not want to take the test. They do not want to self-incriminate, but refusal to take the test will end up having that exact effect anyway.

In short, while there are no benefits to refusing to take a BAC test, a person could face numerous penalties including suspension of their license.