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If a driver refuses to take an intoxilyzer test he will not

a) Face any legal consequences
b) Automatically be considered sober
c) Risk having their driver's license suspended
d) Be allowed to continue driving on the same day

1 Answer

1 vote

Final answer:

Refusing an intoxication test often leads to a driver's license suspension due to implied consent laws. It doesn't free an individual from legal consequences nor implies sobriety. Legal limits of blood alcohol content affect driving ability and legal status.

Step-by-step explanation:

If a driver refuses to take an intoxication test, the correct answer to what will happen is that they risk having their driver's license suspended. This is typically mandated by implied consent laws present in most jurisdictions within the United States, which stipulate that by obtaining a driver's license and operating a vehicle on public roads, a driver has implicitly agreed to submit to breathalyzer tests when suspected of driving under the influence (DUI) of alcohol.

Refusing the test does not mean the individual will face any legal consequences, nor will they automatically be considered sober. Refusal can lead to immediate consequences such as license suspension, irrespective of whether the individual is later found to have been above the legal blood alcohol limit.

When discussing the consequences of refusing a breathalyzer, it's crucial to understand that it doesn't free one from being charged with a DUI. Instead, it can often lead to additional charges unrelated to the actual blood alcohol content (BAC). The legal limit for BAC, as mentioned, is 0.08%, with varying effects of higher levels leading up to acute intoxication, unconsciousness, and even death as the BAC increases. Therefore, drivers need to understand that refusing an intoxication test can have significant legal repercussions that affect their ability to drive legally, possibly leading to automatic license suspension.

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