The majority of state laws governing drunk driving mandate that drivers may be asked to comply to a urine, blood, or breathalyzer test if drunk driving is suspected. Additionally, most states enforce laws that detail specific and harsh consequences for anyone refusing a blood or breathalyzer test. In some situations, there are consequences for refusing a breathalyzer that are different from any conviction of a drunk driving crime. If you refused a breathalyzer test or blood test during stop by law enforcement officials, you may want to speak with a criminal defense attorney about your options. Even if you refused the test, you may still be charged with drunk driving.
According statistics and studies released by the National Highway Traffic Safety Administration, the rate of refusal throughout the United States was about 25% in recent years, with one state's refusal rate at 85%. Since these statistics have been released, many states have altered or enacted regulations to push for harsher drunk driving consequences for those refusing any type of blood test or breath test for blood alcohol content level. Even more recently, 19 states have implemented extra civil or criminal consequences for drivers refusing to take a blood alcohol content test or breathalyzer test. These states are hoping to make the cost of a refusal high enough to force obedience with breathalyzer or blood alcohol content test laws.
Did you know?
The laws regarding breathalyzer test refusal vary in each state.
Because of this, it is important to contact a lawyer to find out how the laws in your state affect your unique case.