If a law enforcement officer pulls you over on suspicion of driving while intoxicated (DWI), they may conduct a series of tests to confirm or deny this suspicion. One of these tests is a breathalyzer test. And you must submit to this testing if you do not want to get into any further trouble. Follow along to find out what the punishments are for refusing a breathalyzer test and how a proficient Morristown criminal defense lawyer at Graves Andrews, LLC can help you.
What is a breathalyzer test?
First of all, a breathalyzer test is a diagnostic device that will measure the concentration of alcohol in the air that you breathe out. In other words, when you blow into the device, it will estimate your blood alcohol content (BAC) level. The legal limit for this is 0.08 percent. So, if the test shows that your BAC level was 0.08 percent or higher, then you may be facing a DWI charge.
Of note, a law enforcement officer may require you to take a breathalyzer test along with other field sobriety tests, such as the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test.
What are the punishments for refusing a breathalyzer test?
You must comply with the law enforcement officer’s instructions at the time of your stop, especially when the time comes to take a breathalyzer step. The officer may believe that you are refusing the test with any of the following actions:
- You remain silent when the officer asks you to take a breathalyzer test.
- You display physical resistance when the officer asks you to take a breathalyzer test.
- You purposefully mess up the test by fake blowing into the device.
- You purposefully stall or delay taking the test.
With that being said, you may be facing the following punishments for showing such refusal:
- First offense:
- A fine of anywhere between $300 to $500.
- A driver’s license suspension until you install an ignition interlock device (IID) in your vehicle.
- A mandatory 12 hours at an Intoxicated Driver Resource Center (IDRC).
- Second offense:
- A jail term for anywhere between two to 90 days.
- A fine of anywhere between $500 to $1,000.
- A driver’s license suspension for anywhere between one to two years.
- A mandatory installation of an IID in your vehicle.
- A mandatory 48 hours at an IDRC.
- A mandatory community service order.
- Third offense:
- A jail term of 180 days.
- A fine of $1,000.
- A driver’s license suspension for eight years.
- A mandatory installation of an IID in your vehicle.
- A mandatory 48 hours at an IDRC.
- A mandatory community service order.
A talented Morristown criminal defense lawyer at Graves Andrews, LLC is here whenever you are ready to fight these accusations. Simply contact our firm at your earliest possible convenience.
