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Do I have to take a breath test if I'm asked to do so?

There are several different methods that law enforcement officers can use to determine if a person has been drinking and driving. One of the options that is available is the breath test, which is commonly referred to as the Breathalyzer. This test helps to determine what your blood alcohol concentration is at the time of the traffic stop.

Do I have to take a breath test if a law enforcement officer asks me to take one?

You do have the right to refuse a breath test. Before you refuse the breath test, you have to think about the possible consequences of that refusal. When you obtained your driver's license, you became subjected to the concept of implied consent. That means that when you got your license, you implied that you would take a breath test if a law enforcement officer asked you to take the test.

What happens if I refuse to take the test?

You face the loss of your driver's license if you refuse to take a breath test. Other penalties, such as fines or being incarcerated, might also be possible. In some cases, the fact that you refused to take the test might be used in a criminal case against you. It is sometimes possible for the law enforcement officer to obtain a warrant that would force you to submit to some form of BAC testing, which could include a breath test, a blood test or urinalysis.

If you are facing criminal charges or any penalties for refusing to take a breath test, you should learn about the options that you have for fighting against the charges or penalties.

Source: FindLaw, "Can I Refuse a Breathalyzer Test?," accessed June 09, 2016

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