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How Refusing Field Sobriety Tests Can Affect Your DUI Charges

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If you've been charged with driving under the influence, you may be worried about the effect this may have on your ability to drive in the near future. Some people get nervous when they are pulled over by the authorities and refuse field sobriety tests. This includes refusing to complete a breathalyzer test and failure to step out of the car and complete dexterity tests. If you have been charged and you refused to complete sobriety testing on the spot, it's important to work with a dui attorney who can further assess your case. Depending on the state in which you live, failure to complete tests can result in an automatic suspension of your license, regardless of how much alcohol was in your blood.

Implied Consent Laws

While you have every right to remain silent, and you never have to offer proof of your guilt in a criminal case, having a driver's license is a privilege that comes with implied consent. This means that if you are a legal driver in your state, you give implied consent to be pulled over if there are concerns that you are driving under the influence. You don't automatically have the right to drive a car, you must pass a written test and a field test in order to obtain your license. As part of this process, you are giving your consent to be tested at any time if there are concerns regarding your sobriety while driving. Failure to comply with a request for field sobriety testing has automatic repercussions without going to court in front of a judge.

What Happens When You Refuse the Breathalyzer Test

When you refuse to submit to a breathalyzer test, you will automatically lose your driver's license. In Arizona, rated one of the strictest states for DUI offenders, your license will automatically be suspended for a year if you refuse field sobriety testing and it is your first offense. South Dakota is one of the lightest states on drivers charged with driving under the influence. Drivers in South Dakota who refuse field sobriety testing, your license can be suspended from 30 days to one year. Refusing a breathalyzer test rarely helps your case, and you generally face less harsh consequences when you submit to field sobriety testing.

If you have refused a breathalyzer test and you aren't sure what to do, it's time to work with a dui attorney, like, who can help you decide on your best course of action.