Many people believe that it is all right to refuse a breath test or field sobriety test if they have been pulled over by the police. However, that may not work in a driver’s favor. Additionally, it can technically be considered illegal because of the implied consent law.
The implied consent law, as stated by the Missouri General Assembly, is the law that gives police blanket permission to check any driver’s sobriety levels any time they get behind the wheel of the car. Therefore, it is implied that drivers consent to the possibility of being checked for sobriety whenever they drive. People who refuse to abide by this law may find themselves facing license suspension or revocations, fines, and more.
Additionally, refusing to take a breath test will not make it so that a person can therefore not be proven guilty if they are facing DUI charges. As stated by DADO (Drinking and Driving Org), the refusal to consent to a breath test can actually be used against a person in court to prove their guilt. Additionally, a person who refuses a breath test and is proven guilty in court may face even more legal ramifications than someone who is proven guilty but consented to taking a breath test. Additional punishments can include increased fines or even lengthier jail sentences. Some people may even end up with interlocking devices being installed in their vehicles.
There are not many benefits to avoiding a breath test after being pulled over. It is in a person’s best interest to fight their court battle without having that hanging over their head as well.