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Can I Refuse a Breathalyzer?

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Can I Refuse a Breathalyzer?

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  1. Can I Refuse a Breathalyzer?

  2. Implied Consent • When people apply for and are issued driver’s licenses, they have indicated their consent to field sobriety and other tests to determine impairment. • Even with implied consent laws in place, drivers have the right to refuse a breathalyzer test.

  3. Consequences of Refusing • A breathalyzer test is just one of several methods that police officers can use to take into custody drivers suspected of intoxication. • People have the right to refuse a breathalyzer, this refusal often will not help them to avoid a DUI charge if their impairment is clear.

  4. “No-Refusal” Enforcement • Although all states have implied consent laws, only 30 have adopted “no-refusal” policies, and many of those states are not actively enforcing the laws. • Police officers found that allowing refusal was not deterring drunk driving, and they looked to no-refusal enforcement to help lower the number of unsafe drivers.

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