Flashing red and blue lights in the rearview mirror can shatter the calm of any night, instantly replacing the laughter and music of the evening with a cold wave of anxiety. After taking the wheel following a few drinks, celebrating a friend’s promotion, family event, or other special occasion, you likely feel relatively okay. But the fact that you had a few alcoholic beverages triggers a wave of unease.

The officer conducting the stop will observe your behavior, ask a few questions, and may request a breathalyzer test. Although drivers generally have a right to say no when asked to take a breathalyzer test, it is important to know that this decision carries significant legal implications. Anyone in this situation is wise to have a basic understanding of the consequences of such a refusal.

Understand breathalyzer tests and implied consent

Breathalyzer tests are tools used by law enforcement to measure blood alcohol content (BAC). These tests help determine if a driver is under the influence of alcohol. When a driver is suspected of DUI (driving under the influence), officers often request a breathalyzer test to gather evidence.

Most states have implied consent laws. These laws state that by driving on public roads, drivers automatically consent to BAC testing if lawfully stopped by police. Refusing a breathalyzer test can lead to immediate penalties.

Step 2: Know the potential penalties

Although you can likely refuse the breathalyzer test, the choice does come with consequences. These can include:

• License suspension: Refusal often results in automatic suspension of the driver’s license. The duration varies by state but typically ranges from six months to a year.
• Fines and fees: Drivers may face fines and administrative fees for refusal. These costs can add up quickly.
• Potential jail time: In some jurisdictions, refusal can lead to jail time, especially if the driver has prior convictions.

Refusing a breathalyzer test is not a simple choice. It involves navigating complex legal frameworks and facing potential penalties. While it might seem like a way to avoid immediate evidence of intoxication, the long-term consequences can be severe. Making informed decisions can help mitigate the repercussions.