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Can I refuse to take a Breathalyzer test?

On Behalf of | Jan 15, 2023 | Criminal Law

If you’re pulled over on suspicion of drunk driving in Hawaii, the police officer may ask you to take a Breathalyzer test. If you refuse, you may face serious consequences. 

Here’s what you need to know about Breathalyzers and DUI laws in Hawaii:

Implied consent laws put you in a precarious position

Refusing to take a Breathalyzer can lead to major consequences. According to Hawaii’s implied consent law, when you apply for a driver’s license you also agree to a chemical test or tests of your blood, urine or breath to determine the level of drugs or alcohol in your system. 

Refusing to take the test may result in the administrative revocation of your driver’s license for at least one year. This applies even if there is no other evidence that the individual was actually under the influence; simply refusing the test carries this severe penalty. 

If convicted of drunk or drugged driving, an individual can expect severe punishments, including jail time, revocation of their driver’s license and steep fines – but failing a Breathalyzer or another type of chemical test doesn’t guarantee a conviction. There are numerous potential defenses available, especially if you understand your rights during a traffic stop and use them.If you are detained and then arrested for suspicion of drunk or drugged driving, it is within your right to remain silent, so do so. 

Then, contact someone who can help you through the legal process, build a strong defense and protect your future. Drunk or drugged driving charges aren’t always as clear as they seem.