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Refusing a breath test might not save you from being charged

Posted on April 23, 2015 in Breath Test Refusal

As most drivers in Arizona know, the legal limit for blood alcohol concentration while operating a vehicle is 0.08 percent. If you are found to be driving with a BAC that is equal to or greater than this, then you may be charged with drunk driving. This in turn could result in the suspension of your license and a lengthy investigative process at the end of which you could face fines or even a prison sentence.

One common method used by officers to determine your BAC is to ask you to submit to a breath test. Although you do have the option to refuse these tests, it is considered a breach of the terms of your license in which it is implied that you will consent to participate in such tests. As such, refusing can result in license suspension. It may also be mentioned in a court of law as consciousness of guilt.

However, even if you take and pass one of these tests, it does not necessarily mean that you are in the clear. In some states you could be charged even if your BAC is between 0.05 and 0.07 percent if there is other evidence to suggest that your driving might be impaired.

If you are charged with drunk driving, it could have a serious impact on your future should you be convicted. You might benefit from the immediate advice and support of an attorney. He or she can evaluate the circumstances of your arrest and may be able to assist you with your defense.

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