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Am I required to take a breathalyzer if the police suspect I am driving drunk?
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Many states now have implied consent rules, which means as a condition of holding a driver's license issued by the state, you agree to take a breath, urine, or blood test if a law enforcement officer suspects you're driving under the influence (DUI) or driving while intoxicated (DWI).
That being said, you can refuse to take the test. And, you can also postpone the test until you've consulted with a lawyer.
However, by doing so, you can face immediate and damaging consequences, such as a license suspension or revocation that can last from a few months to a year or more. Or, even jail time.
For instance, California drivers over the age of 21 who refuse receive an automatic one-year driver's license suspension. And, like with many states, the penalties become more severe for repeat offenders. A second offense within 10 years means a two-year license revocation for California drivers who don't agree to have the test performed.
DUI laws vary by state, so it's important to know your state's rules regarding refusal to take a breathalyzer or other blood alcohol content (BAC) tests. A DUI lawyer can help you understand the drunk driving laws, and represent you to make sure your rights are upheld.
That being said, you can refuse to take the test. And, you can also postpone the test until you've consulted with a lawyer.
However, by doing so, you can face immediate and damaging consequences, such as a license suspension or revocation that can last from a few months to a year or more. Or, even jail time.
For instance, California drivers over the age of 21 who refuse receive an automatic one-year driver's license suspension. And, like with many states, the penalties become more severe for repeat offenders. A second offense within 10 years means a two-year license revocation for California drivers who don't agree to have the test performed.
DUI laws vary by state, so it's important to know your state's rules regarding refusal to take a breathalyzer or other blood alcohol content (BAC) tests. A DUI lawyer can help you understand the drunk driving laws, and represent you to make sure your rights are upheld.
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