Hardin County DUI: What Happens If You Don’t Take a Breath Test?

In the last few decades both private advocacy groups and government agencies have waged a campaign against drunk driving across the United States. Overall, the results have been positive. Drunk driving accidents have steadily decreased throughout the country. One reason for this is the increased penalties for a drunk driving conviction in most states, including Kentucky. One way to prove you were driving under the influence of alcohol in Hardin County in Kentucky is to test your breath for your blood alcohol concentration, or BAC. Known as the “breathalyzer” test, most motorists stopped on suspicion of drunk driving are asked to submit to this test. What happens if you don’t take the breath test?

Hardin County DUI: Refusing the Breath Test

In theory, you have the right to refuse a breathalyzer. Courts have long held that when a motorist receives a driver’s license the motorist gives his or her implied consent to submit to a breathalyzer. This implied consent, however, only means that a warrant is not required to conduct the test. It does not legally obligate the motorist to submit to the test. That is not to say, however, that there are not consequences for refusing the test.

In Hardin County, Kentucky, refusing to submit to a breathalyzer means that your license may be automatically suspended prior to trial. Additionally, a refusal that results in a conviction for a second, or subsequent offense within a five year period, may constitute an “aggravator” which means that the jail time you receive could be substantially increased.

The question is often asked “Should I refuse the breathalyzer?” There is no easy answer to that question.  It is important to understand that the results of the breathalyzer are not required to convict you of Hardin County DUI; however, they typically make a conviction more likely if your reading is over the legal limit. If you did not take the test you may have a better chance of avoiding a conviction, depending on the other factors in the case. If, for example, you failed the field sobriety tests administered to you, the breathalyzer results may not be needed.