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Can you avoid taking a breath analysis test?

On Behalf of | Jan 22, 2022 | Drunk Driving Accidents, Drunk Driving Charges |

It is easy to panic on the spot when an officer accuses you of driving under the influence. Your first instinct may be to fight the accusation in any way possible, including refusing to take any breath or blood analysis tests.

However, this can end up working against you. While it is possible to avoid these tests, experts everywhere suggest against it. Why?

License suspension

In short, you can, but you may not want to. Very Well Mind points out that refusing to take a breath analysis test may come with tough consequences that sometimes are worse and harsher than the consequences for the DUI charge itself.

If you refuse to take a breath analysis test, you will face the immediate suspension of your license for up to a year. On top of that, if later convicted of DUI-related charges, you may also face additional time in jail and fines on top of what you receive for the DUI itself.

Can you evade suspicion?

You may try to evade a test to make yourself seem less suspicious, but this will not work either. The court can and often does interpret the refusal to take a breath analysis test as a potential sign of guilt.

By refusing a breath analysis test, you have virtually nothing to gain and quite a lot to lose. This is why you should simply take a test when asked. However, an officer must let you know about the potential consequences of refusal. If they do not, consider contacting legal help to discuss your options.


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