Getting pulled over for a suspected DUI is a stressful situation, and one of the key moments during that stop is whether or not you agree to take a breathalyzer test. In Tennessee, breathalyzer test refusal during a DUI stop can have serious consequences.
Suppose you’re dealing with a breathalyzer test refusal in Murfreesboro. In that case, it’s important to understand what this means for your case and how a skilled attorney can help you navigate the legal process.
What Happens When You Refuse a Breathalyzer Test?
In Tennessee, the law operates under implied consent. This means that when you get behind the wheel, you automatically agree to submit to chemical testing—like a breathalyzer—if an officer suspects you’re driving under the influence. Breathalyzer test refusal can lead to immediate penalties, separate from DUI charges.
Here’s what typically happens if you refuse:
Automatic License Suspension
If you refuse the breathalyzer test, you could face an automatic suspension of your driver’s license. For a first-time refusal, the suspension lasts for one year. If you’ve refused a test before or if there was an accident involved, the suspension could be longer.
Separate Penalties for Test Refusal
Even if you avoid a DUI conviction, breathalyzer test refusal can still lead to penalties. This includes fines and mandatory driving courses. In some cases, the refusal can be used against you in court.
You Can Still Be Charged with a DUI
Just because you refused the breathalyzer doesn’t mean you’re off the hook for a DUI charge. Police can rely on other evidence, such as field sobriety tests or their observations of your behavior, to pursue DUI charges.
Defending Against a Breathalyzer Test Refusal
Refusing a breathalyzer isn’t the end of your defense options. A DUI test refusal case comes with unique challenges, but a skilled attorney can help you navigate those challenges. Here’s how:
Questioning the Legality of the Stop
In any DUI case, the legality of the traffic stop itself is a key factor. If the police didn’t have a valid reason to pull you over, the stop could be challenged. An attorney can review the details of the stop and see if your rights were violated. If the stop was unlawful, any evidence collected, including your refusal, could be thrown out.
Challenging the Officer’s Conduct
Police officers must follow specific procedures when requesting a breathalyzer test. If they didn’t properly explain the implied consent law or failed to follow protocol, your attorney could argue that the refusal was not valid.
Proving Lack of Clarity or Coercion
Sometimes, people refuse a breathalyzer because they’re confused or feel pressured. If the officer didn’t clearly explain the consequences of refusing or if you were coerced into refusing, this could be a valid defense.
Examining Other Evidence
While a breathalyzer refusal complicates the case, your attorney can still challenge other pieces of evidence. Field sobriety tests, for example, are subjective and prone to error. Your lawyer can argue that the evidence doesn’t prove intoxication beyond a reasonable doubt.
Penalties for DUI Test Refusal
Tennessee law is tough on DUI test refusals, and the penalties can be severe. Here’s a breakdown of the penalties you might face:
- First Refusal: License suspension for one year.
- Second Refusal: License suspension for two years.
- Refusal Involving an Accident: License suspension for two years, or five years if the accident caused serious injury or death.
These penalties are in addition to any consequences you face if convicted of a DUI. This is why it’s essential to consult with an attorney as soon as possible after refusing a breathalyzer test.
Why You Need a DUI Attorney
A breathalyzer test refusal complicates your case, but it doesn’t automatically mean a conviction. With an experienced DUI attorney, you can explore several defense options to protect your rights and minimize penalties.
Here’s how an attorney can help:
- Review Your Case: A DUI attorney will carefully review the details of your arrest, including the legality of the stop, the officer’s actions, and any evidence against you.
- Negotiate for Reduced Penalties: In some cases, your attorney may be able to negotiate with prosecutors to reduce the charges or penalties associated with the refusal.
- Represent You in Court: If your case goes to trial, having an experienced attorney by your side is crucial. They will present a strong defense on your behalf and fight to get the best possible outcome
Contact a Defense Attorney
Refusing a breathalyzer test in Murfreesboro comes with serious consequences, including license suspension and possible DUI charges. However, with the right legal strategy, you can fight these charges and work toward a favorable outcome.
If you’ve refused a breathalyzer and need help building a defense, contact Clarke Law Firm today. Our experienced team is here to provide the guidance you need during this challenging time.
