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Can you refuse to take the breathalyzer test?

Breathalyzer tests are a common occurrence in the U.S. It is a device used to measure a person’s Blood Alcohol Content (BAC). If a police officer suspects the driver to be drunk, there is a good chance a breathalyzer test may be performed to confirm the suspicion. The test is fairly simple and plays a significant role in successful convictions. If your BAC is any figure above 0.08, you may be charged with a DUI. Despite the test being fairly common, some people are unaware of their rights when it comes to the breathalyzer test.

If you are pulled over and the police officer thinks you have been driving under influence, they have every right to make you take the test. Refusing to take the breathalyzer test may have serious consequences. Refusal might lead to revocation of your driving license. In some serious cases, the offense may even lead to jail time. Note that even if you refuse to take the test, you may still be charged with a DUI.

The state has the right to suspend your driving license if you are not willing to take the breathalyzer test. In the efforts of resolving the issue of refusal to take the test, some states give electronic warrants to the police officers to coerce the suspected driver to take the test. Refusing a warranted test may lead to even worse consequences, like contempt of court.

If you have recently refused to take the breathalyzer, you may want to consider contacting an attorney for advice. It is important to know your rights. The attorney will analyze the situation and discuss your options with you in detail.

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Office Location

Neil S. Ruskin
16 Court Street, Suite 2000
Brooklyn, NY 11241

Local: (718) 237-1547
Fax: 718-875-4011

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