The Consequences of Breathalyzer Test Refusal

Many people are not aware that you can choose not to take a breathalyzer test. There are certainly consequences to refusing to take a breathalyzer test, but oftentimes the benefits outweigh the consequences in these sorts of situations.

What Can Happen When a Breathalyzer Test is Refused

IN RI

Refusing to take a breathalyzer test can result in a number of things. First off, you are likely to loose your license on the spot. A series of legislations passed in the 1980s called administrative licensing actions made it legal for an officer of the law to suspend a driver's license on the spot for refusing to take tests intended to test blood alcohol levels-like the breathalyzer test. Officers also have the choice of arresting you under suspicion if you refuse to take the test.

The officer may also decide to let you go, but charge you with breathalyzer refusal. This charge has a number of different consequences which vary according to the number of time the offense occurs.

A first time offense for refusal means that you may face:

• 0-0 in fines

• Community service for 10-60 hours

• A suspended license for six months to one year

• A Highway Safety Assessment and the possible enrollment in a driving school and/or an alcohol treatment program

• A 0 fee to support the department of health's chemical testing programs

For a third offense within five years, you may face:

• 0-,000 in fines

• Suspended license for 1-2 years

• 60-100 hours of community service

• Mandatory alcohol or drug treatment

• A Highway Safety Assessment

• A 0 fee to support the department of health's chemical testing program

Refusing to do a breathalyzer test may be worth it if the other option is a possible criminal charge.

To find out more about breathalyzer refusal, visit the website of the Rhode Island DUI defense attorney James Powderly today.

The Consequences of Breathalyzer Test Refusal

James Witherspoon

IN RI

Can I Refuse to Take a Breathalyzer Test?

When you are pulled over on suspicion of DUI, you may be asked to submit to a Breathalyzer test. The alcohol Breathalyzer test will measure the amount of alcohol in your blood stream. Most people have heard of the Breathalyzer, but there is a lot of confusion about what it does exactly and whether or not you should agree to take one.

In fact, you may not even know that you are allowed to refuse the Breathalyzer test. While you do not have to take the alcohol Breathalyzer, you may suffer some negative consequences by refusing the Breathalyzer.

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Before you are asked to give a Breathalyzer test, you will usually be asked to perform several field sobriety tests. You can and should refuse to submit to any field sobriety tests.

For some states, refusing a Breathalyzer test means that you go to jail, period. It can actually be considered a crime to refuse a Breathalyzer in some states. That means that refusing a Breathalyzer may cause you to serve more jail time than of you were only convicted for DUI. In addition, in some states when you refuse a Breathalyzer it is considered evidence that you think you are guilty. As you can see, there are some negative consequences of refusing a Breathalyzer.

While many people believe that Breathalyzer tests are highly scientific and irrefutable, in reality they are not 100% accurate. In fact, there have been arguments that the Breathalyzer, while very sensitive, yields results that are not specific enough. That means that while they will test positive for the alcohol in your blood, other chemicals may also cause positive results. If this happens your Breathalyzer results will be falsely elevated.

Breathalyzers can yield false positives from several medical conditions including diabetes, smoking and alcoholism. Inhaling other chemicals such as paint fumes can also lead to positive Breathalyzer results. As a result, your alcohol Breathalyzer test result may not be completely accurate.

Often a positive Breathalyzer result will lead to another test. Alcohol levels can also be determined from testing your urine or blood, not just from a Breathalyzer. These tests are more specific and are preferred as evidence in court over the Breathalyzer test results. These tests are used to confirm what was found in the alcohol Breathalyzer before proceeding with a conviction.

When you are asked to take a Breathalyzer test, you do have the right to refuse. However, you should think about the consequences of refusing. If you are in doubt about whether to take a Breathalyzer, you can always ask to speak with your attorney. At that point the police will end all testing, including the Breathalyzer. However, you will still be booked for the DUI. If you are confident that you are below the legal limit. You can take the Breathalyzer test and then you will be free to go on your way if you are below the legal limit.

Can I Refuse to Take a Breathalyzer Test?

http://www.duiarresthelp.com specializes in providing visitor's a wealth of information on DUI laws, DUI Attorneys, SR-22 insurance and anything else about DUI and the DUI Process. If you've been convicted of a DUI and need help finding out what you can do about your DUI record or just need help finding a qualified DUI attorney in your area, we are here to help.

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