Refusing The Breathalyzer Test Is An Automatic Charge

Whenever a driver is pulled over by the authorities the roadside officer is always on the alert for signs of impairment by the driver. Obvious indications would include slurred speech, dilated eyes, erratic breathing, or contradicting statements. At any point when an officer detects such signs they are at liberty to request that the driver submit to a breathalyzer, as well as searching the vehicle for supporting evidence.

Do I Have The Right To Refuse A Breathalyzer Test?

Any driver has the right to refuse a breathalyzer test, but they must also concede to the fact that the roadside officer will automatically charge the driver with an impaired driving charge, assuming that they would have blown over .08 . There are only rare scenarios that provide a driver to right to delay, not refuse, a breathalyzer test. These circumstances include unique medical conditions or an obvious injury where medical care takes priority. However, once safely administered in hospital care, the driver will be requested to submit a breath or blood sample to the authorities. Refusal at this point of impaired driving protocol would also render an automatic drunk driving charge.

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