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What happens you refuse to take a Breathalyzer test? 

On Behalf of | Sep 21, 2021 | Criminal Law |

It is possible that many of us will be subjected to a traffic stop at some point in our lives. Understandably, traffic stops can put people on edge and make them feel like they are under suspicion of something more — and they might be. The officer may suspect they’re drunk driving.

Drivers who have been stopped on suspicion of being drunk may be asked to take a Breathalyzer test. Are there any consequences to refusal?

Implied consent in Kentucky

A driver’s license is a privilege, not a right. In exchange for being able to drive on the roads of Kentucky, drivers implicitly consent to BAC testing.

This means that law enforcement has permission to test for blood alcohol content when a person comes under suspicion of driving under the influence of alcohol. Any refusal to take such tests could mean sacrificing your privilege to drive.

Can you still face DUI charges without taking a Breathalyzer test?

It is possible that many individuals are completely unaware of implied consent laws. They may hold the misguided belief that it is their right to refuse a Breathalyzer test without penalty. Additionally, an individual may have consumed alcohol and have concerns over what a failed test will mean for them. DUI charges can have serious consequences for your life. 

However, it is important to note that refusing to take a Breathalyzer test does not necessarily mean you will avoid a DUI charge. There are several other factors that could be produced as evidence. For example, law enforcement may utilize field sobriety tests and witness testimonies. They may also simply get a warrant for a blood test that will also provide chemical proof of your level of intoxication.

If you are facing DUI charges, it is important to know what legal rights and protections you have. No DUI case is hopeless, but you need a strong defense.