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Is It Better to Refuse a Breathalyzer If You're Drunk?

Published in DUI Laws 5 mins read

If you are certain you are over the legal limit (i.e., drunk), refusing a breathalyzer may seem like a strategic move, but this decision comes with its own set of significant legal consequences, often including immediate license suspension, regardless of a DUI conviction.

The Dilemma of Drunk Driving and Breathalyzers

When pulled over on suspicion of driving under the influence (DUI), law enforcement officers often request a breathalyzer test. If you know you are drunk, this implies that your blood alcohol content (BAC) is likely above the legal limit, and therefore, you would fail the test. The core dilemma then becomes whether to provide evidence of your impairment or face penalties for refusing the test.

Understanding Implied Consent Laws

Most states operate under "implied consent" laws. This means that by obtaining a driver's license and driving on public roads, you have automatically given your consent to chemical tests (such as breath, blood, or urine tests) if you are arrested on suspicion of DUI.

Consequences of Refusing a Breathalyzer

Refusing a breathalyzer test under implied consent laws typically carries immediate and severe administrative penalties, which are separate from any criminal DUI charges. These can include:

  • Automatic License Suspension: Your driver's license can be immediately suspended for a significant period (e.g., 6 months to 1 year or more, often longer for repeat refusals), even if you are not ultimately convicted of DUI.
  • Fines and Fees: You may face additional fines and fees specifically for the refusal.
  • Evidence in Court: While refusing means there is no direct BAC reading, your refusal itself can often be used as evidence against you in a DUI trial, implying guilt.
  • No Hardship License: In some states, it might be more difficult or impossible to obtain a hardship or restricted license after a refusal-based suspension compared to a DUI conviction-based suspension.

For more information on implied consent laws by state, you can refer to resources like the NHTSA overview on implied consent (Note: This link is a general NHTSA resource for impaired driving enforcement and not specifically about implied consent laws, but it is a credible source for impaired driving information).

Consequences of Failing a Breathalyzer

If you take the breathalyzer test and fail (i.e., your BAC is at or above the legal limit, typically 0.08%), the results provide strong, direct evidence that can be used to convict you of a DUI.

Penalties for a DUI Conviction

A DUI conviction can lead to a range of severe penalties, including:

  • Criminal Record: A permanent criminal record.
  • Fines: Substantial fines and court costs.
  • Jail Time: Mandatory jail time, especially for repeat offenses or high BACs.
  • License Suspension: Additional, often longer, license suspension periods.
  • Mandatory Alcohol Education/Treatment: Requirement to attend alcohol education programs or substance abuse treatment.
  • Ignition Interlock Device (IID): Requirement to install an IID in your vehicle, which prevents it from starting if it detects alcohol on your breath.
  • Increased Insurance Premiums: Significantly higher car insurance rates.

For general information on DUI penalties, you can consult resources like the MADD website (Mothers Against Drunk Driving).

Weighing Your Options: Refusal vs. Taking the Test

The decision to refuse or take a breathalyzer when you know you are drunk is complex. If you are not absolutely sure you can pass a breathalyzer (which is the case if you are drunk), it's generally considered best to refuse the breathalyzer in terms of preventing direct evidence of your BAC. However, this comes with the guaranteed administrative penalties for refusal itself.

Key Considerations

Action Potential Impact on DUI Criminal Case Immediate Administrative Penalties (Implied Consent)
Refuse Test No direct BAC evidence, but refusal can be used against you as evidence of guilt. Other evidence (FSTs, officer observation) can still lead to conviction. Automatic and immediate license suspension, fines.
Fail Test (Drunk) Provides strong, direct evidence (BAC reading) for a DUI conviction. Potential for separate administrative license suspension, in addition to criminal penalties.
  • Legal Strategy: Refusing a breathalyzer might remove one piece of direct evidence (your BAC) from the prosecution's case, potentially making it harder for them to prove impairment beyond a reasonable doubt. However, this does not mean you will avoid a DUI charge or conviction, as police can still rely on other evidence like field sobriety tests, physical appearance, and driving behavior.
  • Guaranteed Penalties: Unlike a DUI conviction, which requires a legal process, the administrative penalties for refusal are often automatic upon refusal and difficult to challenge.
  • State-Specific Laws: Implied consent laws and the specific penalties for refusal and DUI vary significantly by state. It is crucial to understand the laws in your jurisdiction.

What to Do (General Guidance)

The safest and most responsible approach is never to drive after consuming alcohol. Always plan for a sober ride, use ride-sharing services, public transportation, or designate a sober driver.

If you find yourself in this difficult situation:

  1. Remain Calm and Polite: Cooperate with the officer in all aspects that do not involve self-incrimination.
  2. Understand Your Rights: You generally have the right to remain silent and to consult with an attorney.
  3. Seek Legal Counsel Immediately: The decision to refuse or take a breathalyzer has serious legal ramifications. An attorney specializing in DUI cases can provide specific advice based on your situation and local laws, which is critical given the complexities involved.