There are a few different ways that police officers test for impairment during a traffic stop. First of all, a officer needs a reason to stop a car. After they do so, they may have the driver perform field sobriety tests, or they may ask them to take a breath test.
Breath tests are a major type of evidence used in drunk driving cases. A test that accurately measures someone’s blood alcohol concentration (BAC) could show that they’re over the legal limit and can be presumed to have been impaired. As such, a driver who has been pulled over may not want to take a breath test, but do they have the right to refuse?
It can trigger a license suspension
Refusal is always possible. The police department won’t force someone to take a test against their will. However, there is the issue of implied consent. From the state’s perspective, everyone consents to take a chemical test when they get a driver’s license. They expect drivers during a lawful traffic stop to submit to these tests.
If you refuse to submit and the police have cause to arrest you, then your license will be suspended. For a first offense, your driver’s license will be suspended for 90 days. If you have a second offense, then your license will be suspended for one year. It’s important to keep these potential ramifications in mind when deciding whether or not to submit to a test.
Your legal options
If you get arrested on drunk driving charges, your situation may lead to financial fines, time behind bars and a lengthy driver’s license suspension or revocation, depending on the circumstances. As such, it is very important for you to understand all of your legal defense options at this time, as you work to protect your future.
