If you are stopped by a police officer and asked to submit to a breathalyzer test, you have the legal right to refuse to take the test, however, refusing to take the test carries several consequences. When you first received your license, you signed several forms. Signing these forms also meant that you agreed to show your license and proof of insurance when asked by a police officer, perform field sobriety tests, and agreed to complete blood, urine, and breath tests if asked to by a police officer. This is known as "implied consent" and means that if you refuse to take the tests, your license will be automatically suspended whether or not you are convicted of DUI charges. Also, if you refuse to take the breath test, a police officer may arrest you for probable cause. Although it is your right to refuse to take the breath test, it is important to know that charges may still be brought against you in a court of law.

When the breath test is administered the office will ask you to blow into a small machine. The machine then uses an infrared light to determine your blood-alcohol content (BAC) level. The legal BAC limit in Wisconsin is 0.8; however, other states may accept BACs as high as 0.10.

There are several situations in which the breath test machine may not accurately read your breath's BAC level. If the test is not administered as police training regulates, your BAC results may be inaccurate, leading to false accusations of DUI charges. Also, various sugar-free products contain sugar alcohols, leading breath tests to be inaccurate depending on what was in your mouth just before the test was administered. Although these types of alcohols do not compare to the effect that drinking alcohol has on the body, they may cause the breath test machine to show an inaccurate BAC number. Finally, if the machine is not correctly calibrated and maintained, your BAC reading may be inaccurate. An experienced and skilled DUI defense lawyer will inquire about the calibration of the breath test machines to discover whether any charges of DUI are valid.

While it is your decision whether or not to submit to the breath test, it is in your best interest to comply with the demands of the law enforcement officer in a calm manner. If you refuse to take the test, do so politely since everything that you do or say can be used against you in a court of law. Speaking with an experienced DUI defense attorney is vital to the protection of your rights. If you have been falsely accused of driving under the influence, a knowledgeable DUI attorney will be able to guide you through the complicated legal process and ensure that your rights are protected.

By: Joseph Devine