What happens if you deny a breathalyzer test

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If you regularly get behind the wheel while drinking alcohol, chances are you will someday be stopped by the police. You will probably be asked to take a roadside sobriety test , a breathalyzer test, a saliva test, a blood test, or even a urine test in some cases. Your initial reaction might be to do nothing that would incriminate yourself.

After all, this is the United States. We all have the Fifth Amendment right against self-incrimination, correct? You may also be thinking that if the police haven't conducted a breath test or blood-alcohol test, they would have no evidence to use in court to prove that you are intoxicated, so you would never get a conviction, and that all you have to do is stick to your story that you only had a couple of drinks.

You would be wrong on both counts. The legal point that you may be overlooking is the fact that driving in this country is not a legal right, but a privilege. You are also not granted the privilege to operate a motor vehicle unless you agree to abide by certain regulations and conditions. In all 50 states, those conditions include something called "implied consent. There is no penalty for refusing to take part in these tests.

If they believe you are drunk, they will inform you that you are under arrest for an OVI. At this point, this is a circumstantial OVI since there is no concrete evidence you are over the legal limit. Circumstantial evidence, even when it is police testimony, is generally easier to beat in court than direct evidence.

Naturally, they will next ask to conduct tests to measure your BAC. They want to collect any direct evidence available. You have a short time to appeal this administrative suspension; once it goes into effect it lasts for a full year. This is significantly longer than if you face an OVI conviction after failing a breath screening. If you receive a conviction, the license suspension lengthens to at least six months. You may still face OVI charges if you refuse the breath test.