Should you take that breath analysis test?

Due to the potentially invasive nature of a breath analysis test, you may have the mistaken impression that you have the right to opt-out in the event that an officer asks you to take one.

However, when an officer asks this of you, it is simply a formality. In reality, you have already given permission for them to administer BAC tests due to implied consent laws.

Implied consent and public roads

VeryWell Mind looks into the many reasons why you should not turn down breath analysis tests. As mentioned above, implied consent laws play into this. In specific, it is implied that drivers who use public roads – which most roads are – consent to submitting to BAC tests if an officer deems them a potential danger to other people on the road.

Of course, an officer cannot physically force you to submit to a BAC test. However, they have a legal duty to alert you to the potential consequences you may face if you continue to refuse.

The non-negotiable penalties

This includes a license suspension of up to a year, which is non-negotiable. It will happen even if your DUI charges end up dropped and you do not face any convictions. If you do end up convicted of something, you could face additional time in jail and additional fees on top of the penalty given to your DUI-related crime.

A judge can also view your refusal as evidence of guilt, meaning you cannot even use it as a way to potentially lower suspicion or evidence against you in a trial. In short, there is little to gain but much to lose.