Traffic Violation:

Refusing a Breathalyzer

A breathalyzer is a tool used to provide police officers with a measurement of your blood alcohol content (BAC). Each drink you have will increase you BAC level by approximately .025. It takes around one hour for one drink to leave your system, so if you consumed one drink per hour for four hours, you BAC should be no higher than .025. However, the result on the breathalyzer may vary by an individual’s weight and metabolism.  In your state, you may have the right to refuse a breathalyzer test if you have been drinking heavily. However, logic behind most DUI laws may assert that by driving on state roads and highways, you have given consent to a test (either breathalyzer, urine or blood) if a cop believes you are under the influence. Consequences of refusing the test and taking it and failing differ from state to state. In many states, refusing to take a breathalyzer or chemical test may enhance penalties if eventually convicted of a DUI.

If you have been convicted of driving under the influence (DUI) or driving while intoxicated (DWI), it is important to contact a DUI lawyer immediately.