Refusing to take a Breathalyzer test when a police officer stops you on the suspicion of driving under the influence of alcohol is your choice, and one that can have positive and negative results. You may find that it's difficult to say no to this test. In many cases, the officer will strongly suggest that you take or it perhaps even threaten you with various charges if you deny this request. A police officer cannot physically make you take the Breathalyzer, however, so if you remain firm that you will not take it, you won't. Here are three things that will likely happen if you make this decision.
You'll Be Arrested
It's probable that you'll be arrested if you refuse to take the Breathalyzer test. Different states have different rules about motorists who refuse to take this test when a police officer requests that they do, and this can lead to a charge. If you take a stand that you aren't going to take the test, you have to accept that the officer choosing to release you without a charge is very unlikely. The idea of being arrested can definitely be frightening, but it's important to know that your refusal to take the test can have an eventual upside.
You Could Have To Give Blood
The arresting officer will still want to ascertain whether you're under the influence of alcohol, so he or she may want to take a blood sample. Doing so is something that you cannot refuse, as the officer will obtain a legal order that gives him or her the right to do so, based on probable cause that you were operating your vehicle while you were intoxicated.
Your DUI Attorney May Be Able To More Easily Defend You
When you decline to take the Breathalyzer test, you're in for a rough situation in the short term—namely, being arrested and often having to have a blood sample taken. However, your refusal can also be pivotal in helping your DUI attorney to defend you and get your charges thrown out in court. Without a Breathalyzer reading, the police cannot prove that you were intoxicated. A blood test can reveal this, but an attorney with related experience can often successfully fight the results of the blood test. This can often mean that while you'll have to clear some hurdles, your firm decision to not take the Breathalyzer can be in your eventual best interest.
If you are unable to work because of an illness or injury, you may qualify for social security disability payments. This money comes from a fund you have probably contributed to during your time in the work force, and it is likely that you have the right to disability payments using this money. As an attorney specializing in social security disability, I have a great deal of experience in helping clients determine if they qualify for disability payments. I hope that this blog will help people who have been injured understand what it means to qualify for social security disability benefits and how to go about getting that help.