Can you turn down a breath analysis test?

On Behalf of | Oct 21, 2021 | Dwi |

When an officer pulls you over on suspicion of DUI and asks you to take a breath analysis test, you may want to refuse it. You may even think that it is within your rights to do so, but this is actually incorrect.

Under implied consent laws, you should not turn down a breath analysis test or any other form of DUI testing. While you still can, the repercussions may easily outweigh the potential benefits.

DUI related implied consent

The Texas Constitution and Statutes discusses the implied consent law in the state. In legal matters, implied consent exists in any situation where a reasonable person could determine that one party has given their consent without verbalizing it or saying it aloud. When it comes to DUI matters, in particular, implied consent applies to the use of public roads.

In essence, when drivers utilize public roads, they automatically consent to take DUI-related tests that an officer may administer.

Can an officer force you?

Of course, an officer cannot physically force you to take a breath analysis test, so you do still have the technical option to refuse it. However, this comes with a set of severe consequences, including license suspension for up to a year and potential fines.

On top of that, a judge can easily look at your refusal to submit to a DUI test and claim that it acts as a display of guilt. After all, why would you refuse a test if you did not have a BAC over the legal limit? In addition, even if you do not get convicted of the DUI charges, you still have to handle the penalties you get due to refusing a DUI test, making it an ultimately pointless endeavor.