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Defenses against Breathalyzer refusal

It's extremely common for a driver to get pulled over, perhaps for no particular reason at all, and be ordered to perform a Breathalyzer test. A Breathalyzer test consists of a device in which a person must blow into. The breath of a person is used as evidence and material in order to determine the blood alcohol concentration (BAC). If a person's breath is measured over a certain limit, he or she is likely to face serious consequences.

It may be that a person has had a couple of drinks and he or she is unsure as to whether he or she is over the legal limit. Due to this fear, they decide to refuse the Breathalyzer test. Unfortunately, the simple act of refusal can be interpreted as a serious crime.

Why is refusal a crime?

A refusal to perform a Breathalyzer test is a crime in some states because of the implied consent laws that are in place for all drivers. Implied consent means that in your right to drive on the road, you are also undertaking a responsibility to consent to things that will help to keep the roads safe. Breathalyzer test refusal can also be seen as an admission of guilt.

What should I do if I have refused a Breathalyzer test?

There are certain defenses that you can give to a Breathalyzer test refusal. Perhaps you have a lung condition or another condition that prevented you from performing the test. You may also believe that the test is too invasive. If you have refused a Breathalyzer test, you should take the situation very seriously and take action as soon as possible.

Source: Findlaw, "Can I Refuse a Breathalyzer Test?," accessed Feb. 02, 2018

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