What happens if I refuse to take the Breathalyzer?
Refusing the Breathalyzer machine, typically the Intoxilyzer 5000EN in the Commonwealth of Kentucky, at the police officer's station can have serious consequences for your driving privileges. Driving in Kentucky is a privilege, not a right and it can be revoked if you fail to follow the implied consent law. If you fail to take a Breathalyzer test, your license will be suspended.
I have written a blog post in which I discuss (and personally recommend) refusing the Breathalyzer and Field Sobriety Tests despite the harsh ramifications of doing so.
The driver license suspension periods are as follows:
Furthermore, Per KRS 189A.105(2)(a)(1), if you refuse to submit to the blood, breath, or urine tests, the effects are as follows:
It is a crime in the Commonwealth of Kentucky to operate a motor vehicle without a valid operator's license. See KRS 186.620. Furthermore, it is a crime to operate a motor vehicle while the license is suspended or revoked. See KRS 189A.090.
Special Note: Refusing the Preliminary Breath Test (PBT) has no consequences as it is not admissible in Court. See KRS 189A.100(1) and KRS 189A.104(2). The PBT is also not subject to refusal or enhancement penalties. See KRS 189A.104(1).
If you are at risk of having your license suspended, you need competent and experienced counsel to help you fight your DUI case in court. Do not delay, call the DUI Guy today.