When you are driving home and see the flashing flights of a law enforcement vehicle in your rearview mirror, you may not know what to expect. A traffic stop can be overwhelming, especially if the reason for the stop is the suspicion of intoxicated driving. If Kentucky police ask you to submit to a breath test, should you comply? Do you know what will happen if you refuse to take a Breathalyzer test if asked by police?
It is beneficial for every Kentucky driver to know his or her rights when dealing with law enforcement and when asked to submit to a breath test. When you understand your rights, you will be in a better position to protect yourself during a traffic stop and in case you are taken into custody. A violation of your rights at any point during the DUI process could be grounds to challenge the entire case against you.
To take or not to take a Breathalyzer test
Before you refuse to take a Breathalyzer test, you need to know what this could mean for you and what could happen next. In general, refusal to submit to a test if law enforcement asks you to do so will be grounds for an automatic suspension of your license. This is because by applying for a driver’s license in your state, you are agreeing to the prerequisite that you will submit to a breath test if suspected of drunk driving.
When considering a possible refusal, it is prudent to consider other details of your situation. For example, what other evidence could law enforcement have against you outside of your blood alcohol content? It is also likely that police asked you to submit to field sobriety tests before requesting the breath test. It is important to consider the potential repercussions of both refusing the test or possibly facing DUI charges.
Your best defense
If you lost your license due to a refusal to submit to a breath test or you are facing criminal charges, you will benefit from understanding the defense options available to you. With the appropriate guidance, you can develop a strategy that will allow you to preserve your driving rights or fight the case against you. Your future could be at stake during and after a DUI traffic stop, and knowing how to shield your interests is critical.
