Refusing a Breathalyzer

Many people who are pulled over for being suspected of driving under the influence of alcohol are asked to take a breathalyzer test in order for the officer to determine whether or not the individual was driving while over the legal limit.  Those who refuse to take this test may face some legal penalties as a result, although they may also avoid inaccurate breathalyzer results which can be unfairly incriminating.

For many states, the refusal consequences include license suspension for 180 days to two years, depending on whether or not you have previously refused a breathalyzer test and the circumstances of your alleged crime.  The exceptions to this rule include Vermont, Alaska, Nebraska, Ohio, Minnesota, and California.  If you refuse a breathalyzer in these states, you can be sent to jail.

In the majority of states, the refusal cannot be held against you in your DUI/ DWI case, although it is important to understand the laws as they pertain to your state.  By working with an attorney, you may be able to eliminate some of the stress of the situation and trust your lawyer to handle the specific details. Contact a car accident lawyer if you would like more information about this subject.

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