Facing an OWI is an intimidating situation and you might think that simply
refusing to take the breath test might help, but it will actually harm
you. Every state has what is known as an implied consent law, which means
that if you are lawfully arrested by a police officer who has reason to
believe you have been driving while under the influence, then you must
consent to take either a chemical test of your blood, breath, or urine
to determine your blood alcohol content (BAC). These tests must be given
within 3 hours of when you were last driving.
If you were involved in an accident that caused either a serious or fatal
injury, an officer must ask you to take one or more chemical tests. However,
if you are unconscious, the officer does not need to wait for you to regain
consciousness since consent is implied.
The Consequences of Refusal
If you refuse to take a test, the officer should inform you that your license
will be suspended for doing so. This gives you the opportunity to change
your mind and submit to the test. If you do not, there are some consequences,
1st Offense: If this is your first offense, you will receive 1 year of license
2nd and Subsequent Offenses: If you have had prior offenses, your license
will be suspended for 2 years.
Refusing to take a breath test generally will not help your case and does
not guarantee that you will not be convicted. Your refusal might even
be used against you since the prosecutor will likely argue that you refused
because you know you were over the BAC legal limit.
Call Our Fort Wayne OWI Law Firm Today
Drunk driving can result in severe penalties. At Arnold Terrill Anzini,
P.C., we will analyze your case for lack of probable cause, fault in the
breath test procedure or breathalyzer and false results. Now is the time
to seek a fierce legal advocate to protect your rights.
Contact us today at (888) 912-7220 for a free consultation.