Breath Test Refusals

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Breath Test Refusals

If you are ever pulled over on suspicion of drunk driving, it is likely that the police officer will ask you to submit to a Breathalyzer test. While you may be tempted to refuse to comply, it is important to know the consequences of such a decision before you do.

At Shults Law Office, we understand that a DWI/DUI arrest can be frightening. However, in such situations, it is important to not let fear control your actions. If you have questions regarding Breathalyzer tests in Tennessee, attorney Michael C. Shults can provide straightforward, honest legal advice.

The Implications Of Refusing

When a police officer has reasonable grounds to believe you were driving a motor vehicle while intoxicated, you run the risk of having your license revoked if you refuse alcohol testing, such as a Breathalyzer. In fact, following a refusal, a court may revoke your license for:
  • One year if it is your first offense
  • Two years if you have a prior DWI/DUI conviction within the last 10 years
  • Two years if you were involved in an accident that caused a serious injury
While a wrongful refusal is not technically considered a criminal offense in Tennessee, it is still an issue that must be taken seriously ― particularly given the harsh penalties associated with a refusal.

What Should I Do? Refuse Or Take?

Deciding whether or not to take a Breathalyzer test can be a difficult task ― one that requires you to balance the various risks. For instance, if you submit to testing, and fail, a conviction is all but certain. In addition, if the test indicates a BAC of .20 percent or higher, you will face significantly harsher penalties.

Alternatively, if you refuse a Breathalyzer, you may limit the evidence against you, but you will have your license taken away.

Do Not Waste Time ― Contact Us Right Away

Dealing with issues such as breath test refusals can be complex, which is why it is always best to seek the counsel of an experienced lawyer if you are facing related charges. Contact Shults Law Office today to speak with a knowledgeable DWI/DUI defense attorney. With an office located in Sevierville, Tennessee, we serve clients throughout the surrounding areas, including those in the cities of Pigeon Forge and Gatlinburg. Reach out to us online or call us at 865-280-1084 for a FREE initial consultation.
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