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Consequences of Refusal

Consequences of DWI Breathalyzer Refusal: What You Need to Know


Driving while intoxicated (DWI) is a serious offense that can have severe consequences, particularly when it comes to breathalyzer test refusal. In this article, we will discuss the implications of refusing a breathalyzer test, the consequences of doing so, and the potential defenses available to those facing DWI charges.

Understanding DWI and Implied Consent Laws

DWI laws aim to reduce the number of intoxicated drivers on the road, thereby increasing safety for all road users. These laws enforce the concept of "implied consent," which means that by obtaining a driver's license and operating a vehicle, you implicitly agree to submit to chemical testing if lawfully requested by a police officer.

Implied Consent Explained

Implied consent is a legal principle that applies in all 50 states. It requires drivers to comply with law enforcement's request for a breath, blood, or urine test to determine their blood alcohol concentration (BAC) if there is reasonable suspicion of impaired driving.

Reasonable Suspicion and Probable Cause

Before administering a breathalyzer test, an officer must have reasonable suspicion that the driver is intoxicated. This suspicion can arise from observations such as erratic driving, slurred speech, or the smell of alcohol. If the officer establishes reasonable suspicion, they may then request a breathalyzer test. If the driver refuses, the officer may arrest the driver on probable cause for a DWI charge.

Consequences of Refusing a Breathalyzer Test

Refusing a breathalyzer test can lead to severe consequences, including the following:

License Suspension

If you refuse a breathalyzer test, your driver's license may be automatically suspended. The length of the suspension varies depending on the state and the driver's prior DWI record. In some cases, this suspension can last for several months or even years.

Criminal Penalties

Refusing a breathalyzer test may result in additional criminal penalties beyond those associated with a DWI conviction. These penalties can include fines, community service, or even jail time, depending on the circumstances and the jurisdiction.

Ignition Interlock Device

In some cases, drivers who refuse a breathalyzer test may be required to install an ignition interlock device (IID) in their vehicles. An IID is a breathalyzer connected to the vehicle's ignition system, preventing the car from starting if the driver's BAC is above a predetermined limit.

Increased Insurance Rates

Refusing a breathalyzer test can lead to increased insurance rates, as insurers view drivers with DWI-related convictions or suspensions as high-risk drivers. This increase can significantly impact your finances for years to come.

The Right to an Attorney

It's crucial to remember that you have the right to an attorney when facing DWI charges, including cases involving breathalyzer refusal. An experienced DWI attorney can help you navigate the complex legal process, protect your rights, and potentially minimize the consequences of your refusal.

Defending Against DWI Charges

There are several potential defenses that a skilled DWI attorney can employ to fight DWI charges stemming from breathalyzer refusal:

  • Challenging the legality of the traffic stop
  • Questioning the accuracy of the officer's observations
  • Contesting the reliability of the breathalyzer device
  • Arguing that the officer did not properly inform you of the consequences of refusal
  • Presenting evidence that your refusal was due to a medical condition or other valid reason

By employing these and other strategies, a knowledgeable DWI attorney can help you build a strong defense and possibly reduce or dismiss the charges against you.


Refusing a breathalyzer test during a DWI stop can lead to serious consequences, including license suspension, criminal penalties, increased insurance rates, and the possible requirement of an ignition interlock device. It's essential to understand the implications of refusing a breathalyzer test and the potential defenses available to those facing DWI charges. If you find yourself in this situation, seeking the counsel of an experienced DWI attorney is crucial to protecting your rights and achieving the best possible outcome for your case.

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