Whenever a person is caught for a DUI case, it is tempting enough to avoid the DUI (driving under influence) tests and have a clean slate. Even if you might have taken only a little amount of alcohol or no alcohol at all, you might catch the impression that the officer is putting you in an ill-space.
Eventually you would strongly refuse to admit to the tests. But, one should be careful about a point – every state treats refusal to DUI tests in a particular way and hence, one should be aware of the rules.
Implied laws of consent
Every person is granted a suite of rights and can exercise them in their own discretion. This makes it obvious that a person cannot be forced to give justifications against them, and if a person chooses to be silent regarding any matter, then nobody can exercise control on them. But, the DUI law is a little different from the usual, because of the implied consent laws.
These laws impose the fact that you either voluntarily give the breathalyzer or sobriety tests or you stand exposed to additional penalties. The explanation for the above is that, since you chose to drive while still under the influence of alcohol, you consented to go against sobriety rules. Following this, you can refuse to submit yourself to the sobriety tests, and if you do so, then you will be charged with extra penalties depending on the state laws.
What happens if you refuse the breathalyzer test?
The immediate consequence of refusing to a test is the suspension of driving license. The term of suspension varies according to the state laws. You cannot ask for a hearing or a trial in a court to acquire your driving license. If you are again caught drunk while driving, then your license can be withheld for an additional term. But, denial to breathalyzer tests can be exercised only if you are aged above 21.
Unwarranted DUI is an easier case for a lawyer to defend in any court and hence, you should not give a reason for suspicion to the officer, while you are being driven back to the station soon after the refusal. It is also important to know that some states count refusal to breathalyzer tests as an auxiliary offense.
What happens if you remain silent?
The basic constitutional laws state that you can choose to be silent in a given case and this cannot be used as a reason against you. But, DUI stands to differ in this case as well. Some states let the prosecutors or juries conclude about your refusal to take sobriety tests. While at other times the prosecutors can also judge and comment on the defendant for remaining silent during a DUI case.
It depends solely upon you whether you choose to take a test or not. The decision can be a difficult choice and moreover it becomes even more complicated to choose between a breathalyzer test and sobriety test. If you want to obtain more information regarding these topics, keep visiting our site LegalCoat.