Should I Submit to a Breath Test?

Getting pulled over by a police officer after a night on the town is no one’s perfect ending to an evening. Regardless of whether this is your first time or tenth time finding yourself in this situation, there is a good chance you will be unsure of what to do if you are asked to blow into a Breathalyzer. Only an experienced Kentucky criminal defense attorney can give you advice specific to your situation but it can be beneficial to become familiar with the repercussions of consenting or not consenting to the breath test.

If you refuse the Breathalyzer test your license will be suspended for 120 days if this is your first offense, 12 to 18 months if this is your second offense, 24 to 36 months if this is your third offense and 60 months if this is your fourth or subsequent offense. Additionally, according to Kentucky Revised Statute 189A.105(2)(a)(1), refusing the breath test can be used against you in court as evidence that you did not comply with the implied consent law.  You will not qualify for a hardship license after the minimum mandatory suspension is over, and, if you are convicted of a DUI your minimum mandatory jail sentence could be twice as long as it would have been if you did not refuse the breath test in second and subsequent offenses.

Although it sounds like the penalties of refusing the breath test are so extreme that you should always consent to this test, sometimes taking the breath test can also be problematic. In the Commonwealth of Kentucky, only the reading of a breath test located at a police station or jail  is admissible in court. If you take a roadside breath test and it is over the legal limit of 0.08 percent blood alcohol content, that is probable cause to arrest you on the spot.

As you can see, the law is quite complicated and there is no simple answer to whether or not you should take the breath test. Only an experienced and skilled Kentucky criminal defense attorney will be able to clearly advise you on what to do if you get pulled over while driving after drinking.