A police officer pulls you over after seeing you swerve over the centerline. The officer believes that you are impaired. You try to explain that you were just adjusting the radio station when you swerved for a second, but the officer tells you that you’ll need to get out of the car and do field sobriety tests and take a breath test.
Fortunately, you already know that you can refuse field sobriety tests. It doesn’t have any impact on the case, and you’re not compelled to take the test if you don’t want to. The officer can’t force you to do so, and your refusal to do the one-leg stand or any other field sobriety test is not an admission that you are impaired.
But what about the breath test? Can you refuse that too?
Implied consent laws
You can refuse a breath test, but this triggers an automatic license suspension under implied consent laws. The suspension still stands even if you are not eventually found guilty of impaired driving. The officer may still arrest you and the charges may be dismissed, but your refusal to take the test is its own violation, so the license suspension stands.
The reason for this is that consent to these tests is already implied under the law when you receive your driver’s license. You’ve already given the state permission to tell you to take a chemical test during a lawful impaired driving stop, so you’re expected to do so. Refusing isn’t an admission of guilt, but it is a violation of those implied consent laws.
A drunk driving arrest can have a major impact on your finances, your future and even your employment. Be sure you know exactly what legal defense options you have.