Can you deny a blood alcohol test?

If you refuse a Breathalyzer test, you will most likely face serious consequences. For instance, if an officer stops you and believes you are intoxicated, and you refuse to submit to a test to determine your blood-alcohol concentration (BAC), you may risk having your license suspended or even face jail time.

What can happen if you refuse to take a blood and or urine test?

Consequences of Refusing Post-Arrest Testing The penalties for refusing to take a blood, breath, or urine test begin with a one-year license suspension. You could lose your license for two years for a second refusal or if you had a reckless driving or DUI conviction within the last ten years.

Can you say no to a breathalyzer test?

You Cannot Refuse the Chemical Breath Test without Penalty The breathalyzer test you are given at the police station after your arrest is mandatory, and if you refuse to take it, you are subject to additional penalties under California’s “implied consent” law.

Is a refusal a crime?

If you have not been lawfully arrested, the State of California does allow individuals to refuse to take a PAS. Your refusal at this point in the process may not result in any criminal charges.

What happens when you refuse a blood test?

Drivers who unlawfully refuse to take the test face serious consequences—normally, worse than if you were just found guilty of driving under the influence. Depending on the circumstances, a refusal can lead to license suspension, jail time, fines, and having to install an ignition interlock device (IID).

What happens when you deny a breathalyzer?

The law says that if you refuse to take the required breath, blood or urine test, your driver’s license will be immediately suspended for one year. If you refuse the test and are later convicted of DUI, there will be a mandatory fine and jail time as well as the penalties for the offense itself.

What happens if you refuse a breathalyzer test in Kentucky?

Even if you do get arrested, and continue to refuse to cooperate with any of the officer’s requests to complete a breath, blood, or urine test as well as the FSTs, your Kentucky operator’s license will be suspended while your case is pending (KRS 189A.107 (1)). However!

Can I refuse to take a blood test?

As you can see, the Commonwealth has done everything in its power to scare you into taking a blood, breath, or urine tests. Nevertheless, despite these seemingly harsh consequences of refusal, it is still beneficial for you to refuse!

Are breathalyzer tests admissible in court?

The PBT is inadmissible in Court. Per KRS 189A.104, no other breathalyzer machine except the one that is “installed, tested, and maintained by the Commonwealth … at a police station or detention facility” is admissible in a court proceeding. So the PBT result must be excluded.

What can affect a breathalyzer test?

Breath fresheners, certain mouthwashes, cough medicines, etc., can lead to inaccurate results if the goal is to test the person’s BAC and not the alcohol in their mouth. Even environmental factors, such as paint thinner fumes in the air, can affect the results.