Is Refusal Of A Breath Test Evidence Of Intoxication?

Interviewer: Refusing the breath test is very situational. You are doing it in an environment where you are stressed and highly unlikely to think clearly. Also, they could get a telephonic warrant to take your blood, anyway. Is it a difficult choice to make?

Shannon: They could get a warrant to take your blood. However, in most cases, a breath test refusal could be used as evidence of intoxication in a DUI case. I do not see too many situations where there is a breath test refusal, and then a blood draw. I do not see that.

Interviewer: Do they figure they caught you? Do they figure, “You tipped your hand;” you are probably intoxicated because you refused the test?

Shannon: According to the law, refusing can be used as evidence of intoxication. That can come in your criminal case. They could say, “This person refused. That shows they were intoxicated.”

Meanwhile, a defense attorney can use that as a positive; arguing there is no evidence. The defense can say they are trying to get you to assume this was intoxication. However, this could just be a person exercising their right to not subject themselves to a state search.

Shannon I. Wilson, Esq.

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