Refuse a Breathalyzer Test? What Happens Next

Breathalyzer TestIf you are pulled over by a police officer and asked to take a breathalyzer, you can choose to refuse. However, there are certain consequences you can face as a result.

What Happens if You Refuse a Breathalyzer Test?

If an officer stops you for probable cause and believes you are intoxicated, they may ask you to take a breathalyzer test. This is done to determine your blood alcohol concentration (BAC). If you refuse to take the test, the officer can arrest you for suspected driving under the influence (DUI). You should also know that Utah has some of the strictest DUI laws in the country.

In some cases, you may not be arrested on the spot. At the same time, you can still be charged for DUI based on the officer’s observations at the scene. You may also be taken to the police station to take a blood, urine or breath test there or at a hospital, which can result in serious penalties if your BAC is over the legal limit of 0.05.

Implied Consent

Driving is considered a privilege, which means you run the risk of having your license suspended or even revoked. You can also face fines and jail time if you refuse to submit to a breathalyzer test when it is requested by a police officer. Per the implied consent laws, drivers essentially consent to a breathalyzer for their driving privileges. This is why you can have your license taken away if you refuse the test.

According to the National Highway Traffic Safety Administration (NHTS), around 20 percent of drivers pulled over by officers refuse to take a breathalyzer test. The penalties in Utah are stricter than in other states, so it’s important to know what you may face if you refuse to take the breathalyzer.

If you have been charged with a DUI after refusing a breathalyzer, it’s important to get experienced SLC criminal defense lawyers on your side. InfiniTeam Legal Solutions is there to protect your rights. Contact InfiniTeam Legal Solutions immediately to discuss your case with SLC criminal defense lawyers.

Our offices in Salt Lake City, UT provides legal services to the following counties: Davis, Weber, Cache, Morgan, Tooele, Summit, Iron and Washington Counties.


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