Injured? We Can Help Turn Your Luck Around.

What if a driver refuses a breath test after an accident?

On Behalf of | Feb 9, 2018 | Drunk Driving Accidents |

Drivers of all sorts travel on the road: young and old, experienced and inexperienced, automobile drivers and truck drivers, as well as those driving for personal reasons and those driving for work. Additionally, there are drivers that follow the rules of the road and those who do not. For instance, when a driver consumes alcohol and decides to get behind the wheel of a vehicle, he or she is creating a serious risk on the roadways.

When a drunk driving accident occurs, officers will take the time to collect evidence to determine cause. Initial investigation may not reveal exactly what caused the crash, but if alcohol is suspected, officers will likely conduct a field sobriety test and possibly a breath test as well.

What if a driver refuses a breath test after an accident? Officers must collect all necessary evidence and act on any suspicions. Thus, if authorities believe that alcohol was a factor is a crash, a Breathalyzer is used to either prove this or disaffirm this suspicion. However, if a driver refuses to submit to this test, he or she could faces charges for refusing. Just for this act alone, it is possible for a driver to face consequences, such as license suspension, fines and even jail time.

Because of implied consent laws, a driver has consented to these tests when obtaining a driver’s license. Thus, it is possible to face consequences without even being charged with a DUI yet. In the end, officers are still able to issue a warrant to conduct a test that will establish blood alcohol concentration of the driver. If a driver is then charged with a DUI, he or she will still face consequences for refusing the test. Additionally, he or she could face civil liabilities for the harm caused to those involved in the crash.

Following a drunk driving accident, victims should understand what information collected during investigation could help them in their pursuit in a personal injury action. Any and all criminal charges could be used to prove cause and liability in the action, assisting with the collection of compensation.

Source:, “The Consequences of Refusing a Breathalyzer Test,” May 3, 2017