When a traffic stop leads to DUI charges, it can certainly be serious for the accused driver. DUI charges can have significant personal and professional consequences for everyday drivers accused of driving under the influence. As a result, accused drivers may wonder if they can refuse a breathalyzer test during a traffic stop and what happens if they do.
Accused drivers in Tennessee have the option to refuse a breathalyzer test. If a driver refuses a breathalyzer test, however, they may have their driver’s license suspended as a result. According to implied consent laws in every state, accused drivers can face license suspension, or other potential penalties and consequences, for refusing a breathalyzer test.
If the accused driver decides to take a breathalyzer test and allegedly fails the test, criminal defense options are available to protect them from the charges they end up facing. It may be possible to challenge a breathalyzer test for a variety of reasons including:
The breathalyzer test was not properly calibrated or maintained;
The police officer administering the breathalyzer test was not properly trained to do so;
The police officer administering the breathalyzer test did not do so in accordance with their training;
The accused driver’s bodily functions interfered with the test results; or
An unapproved breathalyzer test device was used.
DUI charges can result in serious penalties and consequences for accused drivers including the loss of their license, fines and possible jail time. As a result, accused drivers need to be familiar with all the criminal defense options and rights at their disposal.