If an individual has been stopped and they’ve had a drink, and they don’t know whether they are over or under the limit then it can be in a very complex situation. However, it doesn’t have to be. There are ways out of it, and the best way can be to simply refuse to take a breathalyser test when the officer demands one.
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Firstly, the impact of getting caught driving whilst intoxicating is massive. Just some of the affects it can have are listed below:
- The loss of a license, which prevents driving.
- The loss of a job because if the driver can’t drive then they will most likely lose their job.
- A criminal record.
- Stress and hassle of a pending court case.
- Prison time.
However, refusing to take a test when presented with a breathalyser can also have its impact. Firstly, it can be an extra charge that they can use in court, and it can obviously demonstrate an admittance of guilt. Furthermore, if a driver refuses to take a test then the driver will be arrested and taken downtown.
Refusing to Take a Test
There are times when it can be beneficial to avoid taking a breathalyser test. When a job or personal responsibilities are reliant on what happens next then it’s a good idea to not take the test. As already mentioned, a prosecutor can use this fact against the driver, but if the individual asks their attorney who advises them not to take the test then this impact can be lessened. That’s because the court will see it as if the driver is only following the advice that they were given.
Let’s not forget that without the test there’s automatically less evidence against the driver. If any alcohol is present at all then it will have been cleaned out of the system after a certain amount of time. That means there’s only a certain length of time when the test can be taken before the results become more inaccurate than they already would be.
What to Do When Confronted
When confronted do the following:
- Be polite to the officer, regardless of what happens.
- If the arrest is made (which it will be) then don’t resist.
- Go on the advice of the attorney.
- Only attempt to refuse a test if it’s not clear that the driver is seriously intoxicated.