Breathalyzer Refusal
State DUI laws have implied consent laws requiring consent to chemical testing, such as blood alcohol content, breath test and urine tests, as a condition of operating a motor vehicle in public areas. Implied consent laws in 49 states authorize or require the suspension of a driver's license for refusing a breathalyzer or blood test.
Many drivers who know that they're beyond the legal limit make the decision to refuse the test and accept the license suspension. The thought process behind a breathalyzer refusal is that without the breathalyzer or blood alcohol content test, the state will be unable to prove a DUI offense.
More Penalties for Breathalyzer Refusal
According to the most recent data collected by the National Highway Traffic Safety Administration, the rate of refusal nationwide was about 25%, with one state's refusal rate at 85%. Since the statistics in 2002, several states have revised or enacted laws to provide for stricter DUI penalties for blood alcohol content test and breathalyzer refusal.
As of January 2006, 19 states have additional civil or criminal penalties for blood alcohol content test or breathalyzer refusal. These states want to make the cost of a refusal high enough to force compliance with breathalyzer or blood alcohol content test requirements.
The penalties include fines, insurance surcharges, suspension or revocation of vehicle registration, jail time and enhanced penalties for drivers who refuse the breathalyzer or blood alcohol test and are convicted of DUI.
State Penalties for Breathalyzer Refusal
Alaska, Minnesota and Nebraska DUI laws provide for jail time for first offense refusals. With California and Vermont DUI laws, drivers who refuse the chemical test can be sentenced to jail terms if they've previously been convicted of DUI. In Vermont, the sentence can be as long as two years.
Under certain circumstances, fines for refusals reach as high as $10,000, not including court costs and increased insurance rates. In New Jersey, there's a $3,000 insurance surcharge for a first offense refusal, and that number increases with subsequent offenses.
Both New Jersey and Rhode Island DUI laws require participation in an alcohol treatment program for blood or breathalyzer test refusal.
DUI Conviction is Still Possible
If you refused a breathalyzer or blood alcohol content test and thought you were making it more difficult for the state to convict you of a DUI, you may have been correct. Drivers can be and are convicted of driving under the influence after chemical test refusals all the time.
Other evidence such as a smell of alcohol observed by the arresting officer, erratic driving, failure of field sobriety tests, the officer's observations of your speech and demeanor, witness testimony or the presence of open alcohol or empty alcohol containers in your vehicle can be used against you in court.
You may be facing severe penalties for the chemical test refusal. If you've been charged with DUI and refused a chemical test, or if you've been charged with a chemical test refusal, talk to a DUI attorney in your state. You should know the potential penalties and possible defenses before you appear in court.
The above summary of breathalyzer refusal penalties is by no means all-inclusive and is not legal advice. Laws may have changed since our last update. For the latest information on DUI laws, speak to a local DUI lawyer in your state.
