Many states have enacted no refusal DUI/DWI laws. It is important that you understand your state’s no refusal DUI/DWI laws. If the police officer ascertains that you are intoxicated or under the influence while talking to you immediately after a DUI/DWI stop, he or she will ask you to perform a few field sobriety tests.
Field Sobriety Tests are not mandatory
You do not have to perform the field sobriety tests. You have the right to object. There are no penalties for objecting to a field sobriety test. However, when you object to perform the field sobriety tests, the officer can request you to take a breath analyzer test.
Right to Refusal
You have a right to object to a breath analyzer test. The police officer will not inform you of this right. He or she will talk to you in a tone to give you the impression that you must take the test.
Breath Analyzer Results
The breath analyzer result is one of the main evidence in a DUI/DWI case. If you object to a breath analyzer test, the police will be lacking vital evidence against you. Many prosecutors refuse to file DUI/DWI cases if there is no breath analyzer test result.
Consequences of Refusing Breath Analyzer Test
To overcome this obstacle in prosecuting DUI/DWI suspects who are aware of their legal rights, many states have enacted laws to punish drivers who refuse a breath analyzer test. In most states objecting to a breath analyzer test will result in automatic suspension of your driver’s license. The period of suspension will depend on your state law. Some times imposing a fine in addition to license suspension. In some states, if you have a prior DUI/DWI conviction and you refuse a breath analyzer test, you can be sent to jail.
When you object to a breath analyzer test, the police officer can ask you to take a chemical test. – urine or blood test depending on your state law. You cannot refuse a chemical test. If you refuse a chemical test, the police can use reasonable force to conduct the test. You can be physically restrained and a sample can be drawn from you for the test. All states have implied consent laws which state that when you drive a vehicle you give consent to subject yourself to the chemical test.