The Ped Refuse To Take The Test

Haafingar90 · May 31

sometimes when im trying to take a breath test or drug test peoples say that they refuse to do that, im getting confused is it legal in US to do so? what happens if you refuse?

What are you guys doing in a situation like that?

Edited May 31 by Haafingar90

cherryaerie · June 2

I believe in the United States it varies depending on the state you are from (regarding the charge, etc.). I should also say that anything I am saying here does not include enhancements (so child endangerment - DUI with a child in your vehicle, or wreckless endangerment are a few examples).

A refusal of a breathalyzer (also referred to as a breath test) results in an automatic suspension of your license, how much time on this suspension varies (usually 3-12 months, and may vary depending on the person's previous criminal record). They also do not need to be convicted of DUI for this to happen.

Ultimately when that happens and you are then stopped again for suspicion of DUI and eventually convicted, penalties can usually be higher than if you were to have a second offense without having refused a test on the first. A lot of the time a refusal of a test is considered an admission of guilt to DUI.

For other minor offenses, you may just be referred to a mandatory alcohol education program, which is probably the least harsh. A lot of states "recommend" a minimum of 48 hours (2 days) of jail time for refusals.

Haafingar90 · June 2

18 hours ago, cherryaerie said:

I believe in the United States it varies depending on the state you are from (regarding the charge, etc.). I should also say that anything I am saying here does not include enhancements (so child endangerment - DUI with a child in your vehicle, or wreckless endangerment are a few examples).

A refusal of a breathalyzer (also referred to as a breath test) results in an automatic suspension of your license, how much time on this suspension varies (usually 3-12 months, and may vary depending on the person's previous criminal record). They also do not need to be convicted of DUI for this to happen.

Ultimately when that happens and you are then stopped again for suspicion of DUI and eventually convicted, penalties can usually be higher than if you were to have a second offense without having refused a test on the first. A lot of the time a refusal of a test is considered an admission of guilt to DUI.

For other minor offenses, you may just be referred to a mandatory alcohol education program, which is probably the least harsh. A lot of states "recommend" a minimum of 48 hours (2 days) of jail time for refusals.

Thanks alot!