Penalty for Refusing a Breathalyzer

A Breathalyzer tests your blood alcohol content.

The police use Breathalyzers to determine if someone has been drinking while driving, and whether the person's blood alcohol content is over the legal limit. The laws vary from state to state about the legal penalty for refusing a Breathalyzer.

Implied Consent

Implied consent means that by applying for a driver's license, you give your consent to take a Breathalyzer if an officer asks you to. Punishment for not abiding by implied consent laws can include fines, higher insurance premiums, revocation or suspension of license or vehicle registration and even jail time.

State Variations

Ohio, California, Vermont, Alaska, Nebraska and Minnesota all have laws that can land you in jail for refusing a Breathalyzer. In Massachusetts, refusing a Breathalyzer can result in the loss of your driver's license, but cannot be used to imply guilt in a DUI court case. As of 2010, all 50 states have some form of implied consent law on the books. In most cases, refusing to comply is grounds for losing your license for up to a year.

Legality of Implied Consent

Implied consent laws have been challenged on the grounds of interfering with the Fourth and Fifth Amendments. The Fourth Amendment protects citizens against unreasonable search and seizure, and the Fifth Amendment is a citizen's right against self-incrimination. However, courts have upheld that implied consent laws do not violate these amendments.

References

• The Legal Dictionary: Implied Consent
• Implied Consent Refusal Penalties
• FindLaw: Ohio Imposes Harsh Penalties for Refusing Breathalyzer
• United States: Underage Drinking: Protecting Your Child