Although every state in the United States , as well as some local jurisdictions, have their own laws when it comes to driving under the influence (DUI) of alcohol or drugs, these same states have almost the same consequences when sobriety test is denied .
Like almost everyone, experts and those who have lived this experience have said, refusing to take a breathalyzer test or other chemical test is an automatic loss of license. In each of these states there is a requirement: The license applicant default, accepting the requirement of breath tests when signing the license application. This requirement is called a statement of “implied consent”. The applicant declares that he or she will undergo a breath test or other chemical test if lawfully arrested on suspicion of DUI. The declaration also states that the applicant understands and acknowledges the fact that if you refuse to take this test, the automatic penalty point’s license is probably the loss of license.
The length of the sentence and the number of points is different in some states, but usually this loss of license is one year and the minimum number of points is usually two. Another condition to automatically refusing a sobriety test is that it stays in the history usually for some years as is set by the state, usually five. After this, the actual legal difficulties begin. While the defendant considers breath tests or chemicals may be evidence against him, when he applied for a driver’s license he accepted those terms. Another result that individuals are often unaware of is that this loss of the license is a situation of civil law at the Registry of Motor Vehicles (DMV) and not by criminal case.
Even if the defendant does not have charges against him or her and the decision of the court is that the police had no legal reason to stop the driver in the first place, the exempt license still loses, you still have the points in it, and yet is the situation on your driving record. This is where the consequences begin to have a domino effect on the driver and the driver beyond, their dependents and others.
Many people require a license to do their jobs and livelihood. Their families and others who depend on this person may be, and often are negatively affected by the loss of the driving license. Yes, a person can often recover some temporary use of a license, but the person is now forced to return to court. All this takes time, money, effort, and increases tension in an already difficult situation.