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Can those suspected of drunk driving refuse breath tests?

Pennsylvania residents who are pulled over by police for suspected impairment may have some questions about what their rights are in such a moment. For example, they may wonder if they must comply if asked to provide a breath sample for analysis. The truth is those suspected of drunk driving do have the right to say no to Breathalyzer tests.

The Breathalyzer is often used roadside to check a driver's blood-alcohol level as it is believed to be highly accurate. Most people do not think that they can refuse to take it if asked, so they comply. Unfortunately, inaccurate readouts do occur and fighting test results in court can prove difficult.

Refusing a breath test is not without its consequences. Implied consent laws allow for the automatic suspension of driving privileges if one refuses. One may also be arrested for suspected impairment and BAC test refusal. At that moment, one simply has to decide what is best for his or her situation. Refusal could actually prove beneficial to one's case in some circumstances.

The state of Pennsylvania does take drunk driving seriously. Those accused of driving under the influence potentially face a number of penalties that can do a real number on their personal and professional lives. An experienced defense attorney can help individuals fight the criminal and administrative consequences associated with DUI charges. With legal counsel at one's side, it will be possible to make informed decisions regarding the best way to approach and present one's case at both the criminal and administrative hearings.

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