When Is A Breathalyzer Test Optional?

When you are pulled over and suspected of driving while under the influence of alcohol, the officer might determine that you're not intoxicated and might send you on your way. Or, the officer might suspect that you are intoxicated and may ask you to perform a breathalyzer. Whether or not you should agree to the breathalyzer test can be a complicated question to answer.

The Pros and Cons of Not Taking a Breathalyzer Test

You might decide to not take a breathalyzer test because you do not want your license to be suspended. In many states, your license will be suspended for several months if you take a breathalyzer test.

However, if you choose to take the breathalyzer test and the device detects that your BAC is above the legal limit, you'll be more likely to be charged and convicted with an OVI.

Forced Breathalyzer and Blood Tests

In some states, you will not have a choice and will have to take a breathalyzer test if the officer is able to obtain a warrant. The officer is able to obtain a warrant very quickly from a judge electronically. With a warrant, the officer has the right to use force to perform a blood test as well.

You May Still Be Charged with an OVI

Even if you never participate in a breathalyzer test or a blood test, you might still be charged with an OVI if the prosecutor has enough evidence to prove that you were driving under the influence of alcohol.

For example, if witnesses testify to the fact that you were drinking and driving, you may be successfully convicted of an OVI. Therefore, it's essential that you have a strong legal defense regardless. Still, if there is not as much evidence, the prosecutor may offer you a more favorable plea deal.

How to Beat Your Charges

Regardless of the decision you choose, it's important to hire an OVI lawyer if you are facing OVI charges. Even if you fail a breathalyzer test, there are ways for an OVI lawyer to help yo diminish or beat your OVI charge.

For instance, the lawyer might be able to prove that the breathalyzer was defective or you may be able to successfully argue that you were not driving at the time that you were intoxicated. An OVI lawyer will help you craft a solid case, will cross-examine witnesses, file any necessary motions, and represent you in court.