Refusing a breath test can sometimes be beneficial

Posted on February 15, 2015 in Breath Test Refusal

For many drivers in Arizona, the thought of being pulled over by police is a daunting one. Even if you have done nothing wrong, it can be distressing to be investigated. Furthermore, you may be asked to undergo several tests that could potentially incriminate you, leaving you faced with drunk driving charges. Of course, if you are not under the influence ofalcohol, the chances are that you will be fine. However these tests are not always accurate.

One option is to refuse to take the tests altogether. However, doing so could result in the revocation of your driver’s license. This is because by holding a license you automatically become subject to implied consent laws. As a result, it is often not the best choice to refuse a breath test. Even so, there are times when refusing these tests can behighly beneficial.

For example, if you have a previous conviction and fear being convicted again, refusing a breath test could save you from the harsher penalties of a second or third conviction. Similarly, if you suspect that you were significantly over the limit or that something else you have done may warrant serious penalties, refusing a breath test could be the best way toprotect yourself.

Our page on DUI charges has further information about the pros and cons of undergoing a breath test. An attorney may also be able to help you, whether he or she assists you in avoiding conviction altogether or successfully arranging a plea deal to secure a lighter sentence.