DUI laws vary from state to state, and many people are of the opinion that if you have had too much to drink, you are better off refusing to submit to a breath test. In Kentucky, it is your legal right to refuse a breath test; however, every state, including Kentucky, has an “implied consent law” under which anyone operating a motor vehicle has automatically agreed to submit to breath tests, field sobriety tests, and other tests to determine if they are driving under the influence.
In September, 2013, it was reported that when the former quarterback for the Cleveland Browns, Bernie Kosar was pulled over for a suspected DUI, he refused to submit to a breath test. He stated he had always been told to never take one.
Possible Penalties if You Refuse a Breath Test in Kentucky
Failure to consent to a breath test if you are pulled over for a DUI could result in one or more of the following:
- Kentucky law states that refusal to take a breath test after being pulled over for a suspected DUI, results in an automatic suspension of your driver’s license for one year
- Other penalties such as a minimum six-day sentence to jail (or a three-day jail sentence and a 72-hour driver intervention program)
- Refusing to submit to a breath test can be used against you during your trial since prosecutors have the liberty to tell jurors about your refusal
DUI Defense in Kentucky
If you are fighting a DUI conviction in Kentucky, your best defense is to contact Covington DUI lawyer, Paul Dickman. He has successfully assisted hundreds of clients in avoiding a DUI conviction.