Should You Submit or Refuse a BAC Test?

To submit or not to submit, that is the question motorists ask themselves when they are pulled over for suspicion of DUI. While a driver’s first reaction may be to strictly obey whatever the officer tells them to do, this is not always what is in their best interest.

Unless a state has an “implied consent” law in place, a motorist may refuse to submit to a breathalyzer test or other related intoxication determinant. An implied consent law means that any motorist in the state is required to submit to blood alcohol content (BAC) testing, should a law enforcement officer have reason to believe they are driving while intoxicated.

The motorist may have to submit to a breath test, urine sample or sometimes even a blood test to determine their BAC percentage. Some states even allow officers to take the samples by force if need be.

Whether the driver submits to testing or not, they are still faced with a double-edged sword. If the driver consents, they may be arrested for DUI and face criminal penalties. If the motorist refuses, some states will suspend their driver’s licenses automatically. Refusal to submit to BAC testing can also be used as incriminating evidence against the motorist. Prosecuting lawyers may use that as evidence in court to demonstrate the motorist had something to hide and was in fact intoxicated.

Hiring DUI defense attorneys will ensure that you are not incriminated and that the best outcome for your case ensues.