Can you refuse a breathalyzer test in KY? Here’s what to know about the consequences
If you’ve ever been pulled over by a law enforcement officer in Kentucky and asked to submit to a breath or field sobriety test, whether you’d been drinking or not, you may be wondering if you’re within your rights to refuse such requests.
The short answer is yes, but doing so can come with consequences you should understand. Here’s what to know about Kentucky’s implied consent law and what it means for your right to refuse such tests.
It remains illegal in Kentucky to drive with a blood alcohol content of 0.08% or higher. It should go without saying, but the best way to avoid a charge of driving under the influence is to not drive drunk.
Do drivers suspected of drunk driving have to submit to blood or breath tests in Kentucky?
You do have the right, embodied by the protections the Fourth Amendment grants against unreasonable searches, to refuse chemical tests of your blood alcohol content (BAC) without a warrant, as explained by Lexington law firm Suhre & Associates.
That said, doing so can have serious consequences, namely, a pretrial suspension of your driver’s license that could last for several months, regardless of whether you’re ultimately found to guilty of a DUI. This is because, in Kentucky, driving is considered a privilege, not a constitutionally protected right.
Such laws, known as implied consent laws, treat drivers as if they’ve already consented to submit to such tests because they obtained a driver’s license in the first place.
Kentucky’s implied consent law establishes “a person who drives a commercial motor vehicle within this state shall be deemed to have given his consent to take a test or tests of his blood, breath, or urine for the purpose of determining alcohol concentration, or the presence of other drugs.”
Just because the right of refusal is available to you does not necessarily mean it will be in your best interest to say no to these types of tests. In these situations, it’s best to consult defense attorney about your options.
What about field sobriety tests? Can you refuse those in Kentucky?
Unlike refusing to submit to blood or breathalyzer tests for BAC, refusing to take part in field sobriety tests carries no penalty against your license, according to the Covington law office of defense attorney Shannon Sexton.
There are three common tests officers use to establish a driver’s sobriety:
The walk-and-turn test
The horizontal gaze nystagmus test
The one-leg-stand test
These types of tests are used to establish probable cause for an arrest for driving under the influence, and they’re typically used before BAC tests of your breath or blood.
Like BAC tests, you can refuse to take a field sobriety test, but doing so may not be wise. If you refuse to take a breath or blood test or any field sobriety test, you will likely be arrested for suspicion of driving under the influence.
What’s more, your refusal can be used as evidence against you in court, as laid out in Kentucky law.
Do you have a question about Kentucky law for our service journalism team? Connect with us via email at ask@herald-leader.com or submit your question with the Know Your Kentucky form below.
