When you’re pulled over and asked to take a breathalyzer test, it’s easy to feel like you have no choice but to comply. Law enforcement officers often make the process seem mandatory, and the stress of the moment can cloud your judgment. However, the decision to submit to or refuse a breathalyzer test is not always straightforward.
Understanding your rights and the potential consequences of your decision is crucial. In this blog, we’ll break down the pros and cons of refusing a breathalyzer, the legal outcomes of either choice and what you can do to protect yourself in this high-pressure situation.
Understanding the Legal Framework of Breathalyzer Tests
Implied Consent Laws
When you obtain a driver’s license in Arizona, you automatically agree to follow implied consent laws. These laws mean you agree to submit to chemical testing—like breathalyzers—if law enforcement has reasonable suspicion that you’re driving under the influence (DUI).
Failure to comply with these laws can lead to serious consequences, regardless of whether you were over the legal blood alcohol content (BAC) limit.
Types of Breathalyzer Tests
It’s important to differentiate between the two types of breathalyzer tests:
Preliminary Breath Tests (PBTs):
- Typically conducted at the roadside.
- Results are often inadmissible in court.
- Used by officers to establish probable cause for an arrest.
Evidential Breath Tests (EBTs):
- Administered after an arrest at a police station or mobile testing unit.
- Results are admissible in court as evidence of intoxication.
Understanding the type of test being requested is crucial, as refusals can carry different consequences depending on the context.
The Pros of Refusing a Breathalyzer Test
Preventing Immediate Evidence Collection
One advantage of refusing a breathalyzer test is avoiding the immediate creation of evidence that can be used against you in court. A recorded BAC over the legal limit (0.08% in Arizona) often serves as strong evidence for a conviction.
By refusing, you might force prosecutors to rely on weaker evidence, such as officer testimony or field sobriety tests, which can be more easily challenged.
Strengthening Potential Defenses
When you refuse a breathalyzer test, your attorney may have more room to argue the validity of the DUI stop. For example, they could challenge the officer’s justification for suspecting intoxication or highlight procedural errors during the arrest.
The Cons of Refusing a Breathalyzer Test
Automatic Penalties
Refusing a breathalyzer test often triggers automatic administrative penalties under implied consent laws. In Arizona, this can result in a 12-month driver’s license suspension for a first refusal and up to 24 months for repeat offenses.
This penalty is separate from any criminal charges and can take effect even if you’re not convicted of a DUI.
Negative Perception in Court
Refusing a breathalyzer test may be perceived as an admission of guilt. Prosecutors could argue that you refused the test because you knew you were over the legal limit, which might sway a judge or jury.
Escalation of Consequences
Refusal can escalate the situation during the traffic stop. Officers may take your refusal as a sign of non-cooperation, leading to an arrest and potentially additional charges. Refusal also doesn’t prevent officers from obtaining evidence; in some cases, they can secure a warrant to conduct a blood test.
Legal Consequences of Refusing a Breathalyzer
Administrative Penalties
Refusing a breathalyzer can result in immediate administrative consequences from the Arizona Department of Motor Vehicles (DMV), such as:
- License suspension (12-24 months).
- Fees for license reinstatement.
- Mandatory installation of an ignition interlock device (IID).
These penalties can disrupt your life well before your case is resolved in court.
Criminal Penalties
Refusal often complicates your criminal case. Some states, including Arizona, impose harsher penalties for refusal, such as increased fines or jail time. A refusal doesn’t guarantee you won’t face a DUI charge—it could even result in enhanced charges if your refusal is seen as aggravating behavior.
Long-Term Impacts
Refusing a breathalyzer can have lasting effects, including:
- Increased car insurance premiums.
- A permanent mark on your driving record.
- Difficulty in securing jobs requiring a clean driving history.
Alternatives to Refusal
Challenging the Breathalyzer Results in Court
Rather than refusing the test outright, you can submit to the breathalyzer and later challenge its accuracy in court. Breathalyzer devices are not infallible and can produce false readings due to:
- Calibration errors.
- Improper administration by officers.
- Physiological factors like medical conditions or recent alcohol-free mouthwash use.
A skilled DUI defense attorney can identify and exploit these weaknesses in your case.
Cooperation with Legal Representation
Regardless of whether you refuse the test, having an experienced criminal lawyer is essential. They can guide you through the process, ensure your rights are protected, and develop a strong defense tailored to the specifics of your case.
FAQs About Breathalyzer Tests
Can I refuse a breathalyzer test without legal consequences?
Refusing a breathalyzer test does carry legal consequences, even if you believe you’re within your rights. Under implied consent laws, refusal often results in automatic penalties such as license suspension and fines. These administrative penalties are separate from any criminal charges and can occur even if you’re not ultimately convicted of a DUI.
Can law enforcement force me to take a breathalyzer test?
Law enforcement cannot physically force you to take a breathalyzer test at the scene. However, if you refuse, they may obtain a warrant to conduct a blood test to determine your BAC. This process often involves drawing blood at a medical facility, which can provide more definitive evidence of intoxication.
Does refusing a breathalyzer mean I won’t be charged with a DUI?
No. Refusing a breathalyzer test does not guarantee you won’t face DUI charges. Officers can rely on other evidence, such as erratic driving behavior, field sobriety test results, or their observations of impairment, to justify an arrest and pursue charges. In some cases, refusal can lead to enhanced penalties or strengthen the prosecution’s case.
Protect Your Rights with Expert Legal Counsel
Refusing a breathalyzer test comes with both pros and cons, but the consequences—administrative, criminal, and long-term—can be severe. Your best course of action is to consult with Flagstaff DUI defense lawyers.
The criminal defense attorneys at Antol & Sherman offer years of experience navigating the complex aftermath of DUI charges. Whether you refused the breathalyzer or submitted to the test, our team can evaluate your situation, protect your rights, and guide you toward the best possible outcome.
Contact Antol & Sherman today for a consultation. Together, we’ll help you navigate the legal challenges and mitigate the fallout of your decision.