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Writer's pictureBrinkley Law

What Happens if You Refuse a Breathalyzer Test?

If you’re pulled over for suspected DUI and refuse a breathalyzer test, you might think you’re protecting yourself. However, refusal comes with consequences that you should be aware of:


Automatic License Suspension: In many states, refusing a breathalyzer test can lead to an automatic suspension of your driver’s license, sometimes for up to a year. This is often separate from the criminal case against you.


Potential Use Against You in Court: Prosecutors can argue that your refusal indicates a consciousness of guilt, potentially hurting your case.


Possible Strengthening of Your Defense: In some situations, refusal might limit the evidence the state has against you, giving your attorney more opportunities to challenge the charges.


Understanding the risks and benefits of refusal is critical. If you’ve refused a test, it’s important to consult with an attorney right away to build a defense strategy. Brinkley Law can help you understand your rights, fight to keep your license, and challenge the evidence in your case. Reach out today for a free consultation at 317-643-1813 to discuss your options.

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