If an officer asks for you to take a breath analysis test, the phrasing might make it seem like a question. However, in reality, you should treat it as an order. While you may think you have a say in whether or not you take a breath analysis test, this is not the case.
While you can refuse to take these tests, it would certainly benefit you to go along with an officer’s request. But why?
Negative impacts of refusal
Very Well Mind discusses why you should not refuse to take a breath analysis test. Simply put, the negative consequences for a refusal far outweigh any potential gain you think you might get.
First of all, refusing a breath test can actually get used by a judge in court as a sign of guilt. If you think you can get out of a DUI conviction by simply refusing to take any tests, you will have to think again.
Next, refusing to take a test can result in swift and severe penalties that may include fines, fees and the suspension of your license for up to a year. Worse still, even if you do not face conviction for a DUI related crime, you will still have to face the penalty of refusing a breath analysis test.
Giving a warning
If you state that you wish to refuse a test, the responding officer must warn you of the potential consequences you face in doing so. If you proceed to make this decision even with the appropriate warnings, then you will have to handle the consequences of your choice.