One of the most common questions we receive from individuals is whether or not they’re required by law to take the breathalyzer test during a DUI stop. There is no easy answer, however, because each decision you make can have different outcomes on your rights and abilities moving forward.
There are two types of breathalyzers that you may encounter including the preliminary testing that is done roadside during the initial stop, and the DataMaster test done at the station. Knowing your rights regarding both of these can help you understand what to do when approached with one.
The Preliminary Breath Test
You may politely refuse the preliminary breath test, but you may also face a fine as doing so is considered a civil infraction. However, there are benefits to refusing the preliminary breath test, including the following:
- If you refuse the breath test, you can prevent the officer for collecting certain evidence against you. This is particularly important if you recognize the inaccuracy these tests often present.
- If you refuse the breath test, you are removing the potential for probable cause. The officer needs probable cause to arrest you and take you to the station for further testing.
You should know, though, that refusal of the preliminary breath test can be suspicious and the officer may look into other ways to try and detain you.
The DataMaster Breathalyzer
If you refuse to take the DataMaster breathalyzer test, you may be subject to two-year driver’s license suspension and you will have points assigned to your record. It is important to know that there is implied consent and the moment you received your driver’s license, you agreed to have your breath tested should you be pulled over for suspicion of DUI.
You should also know that if you refuse the breathalyzer at the station, you can be subject to a warrant for blood testing. You may not want to refuse the breathalyzer at the police station as it could do more harm than good on your behalf.
I’m Daniel D. Hajji, Attorney at Law, and I’m here to help defend you when your rights are on the line. I know that breathalyzers are not always accurate and they can result in an innocent person facing serious charges due to inaccuracies with the machine.
As such, as your Farmington Hills DUI defense lawyer, I work hard to help prove your innocence. I’ll be there to explain your rights and options, giving you confidence throughout the entire process and helping you move forward in the most positive way possible.
Call me today at (248) 599-0054 and discuss your charges.