Can you refuse a BAC test?

On Behalf of | Feb 27, 2024 | DUI/DWI Defense |

Your blood alcohol concentration (BAC) is a measurement of the total amount of alcohol in your blood at any given time. The law has established that the legal limit is a BAC of 0.08%. If you are over this limit, then they can assume that you were impaired by the alcohol that you consumed.

As a result, when drivers are pulled over on suspicion of impaired driving, the officer may give them a portable breath test. Officers may also take suspects back to the station to use a Breathalyzer, and there have even been cases when police will do blood draws or other types of tests to obtain the evidence.

But drivers know that this evidence could certainly be used to incriminate them. Can they refuse to take the test?

Implied consent laws

You can refuse to take the BAC test if you want. You cannot be forced to take a breath test or a blood test.

However, under implied consent laws, there can still be ramifications if you refuse to submit to the test. For a first offense, you’d lose your driver’s license for a year, and you’d lose it for two years for a second offense.

If you were involved in an accident that caused an injury, then you would have your license revoked for two years. And if you were involved in an accident that led to someone’s death, then you would have your license taken away for five years.

So, while you can refuse a test, things can still get complex and it’s important to know exactly what legal steps to take.


RSS Feed

FindLaw Network