If a police officer pulls you over on suspicion of impaired driving, they may want to have you take a breath test. For instance, the police should have a breathalyzer at the department. They can take you down to the station so that you can take a breath test relatively quickly after the traffic stop, gauging your blood alcohol concentration (BAC) at the time you were operating your vehicle.
But are you obligated to take this test? Or is it possible for you to refuse?
Implied consent and a license suspension
Due to implied consent laws, the state essentially views this as a situation in which you have already consented to the breath test simply by virtue of operating your vehicle on public roadways. That means that you do have an obligation to take the test, at least from a legal perspective.
That being said, if you refuse, the test will not be administered at that time. However, this does not mean you avoid any ramifications. Your refusal would be a violation of the implied consent laws.
For a first offense of refusing to take the test, your license will typically be suspended for the next 12 months. If you already had such a refusal on your record, making this a second offense, then it would trigger an 18-month license suspension.
Even if you were completely sober, or if you were never convicted on impaired driving charges, you would still have to serve the suspension due to the refusal.
Impaired driving laws can be nuanced and complicated, so it is important to understand all of your rights and your legal defense options.
