If you are stopped by a police officer and asked to submit to a breathalyzer test, you have the legal right to refuse to take the test, however, refusing to take the test carries several consequences. When you first received your license, you signed several forms. Signing these forms also meant that you agreed to show your license and proof of insurance when asked by a police officer, perform field sobriety tests, and agreed to complete blood, urine, and breath tests if asked to by a police officer. This is known as “implied consent” and means that if you refuse to take the tests, your license will be automatically suspended whether or not you are convicted of DUI charges. Also, if you refuse to take the breath test, a police officer may arrest you for probable cause. Although it is your right to refuse to take the breath test, it is important to know that charges may still be brought against you in a court of law.
DUI recidivism is a major problem in the war on drunk driving. The original mission of the organization Mothers Against Drunk Driving (MADD) was to prevent repeat offenders and chronic alcohol abusers from committing drunk driving offenses as that was the main crux of the DUI problem our nation faces.
DUI punishments can never be harsh enough to prevent recidivism from occurring on our nations highways. By increasing the penalties its been said that we are not preventing DUI recidivism but more so hammering social drinkers on their first DUI offense.
BAC, Traffic Convictions and Recidivism
The National Highway Traffic Safety Administration (NHTSA) is a federal organization, technically a part of the executive branch of the government under the Department of Transportation.
The National Highway Traffic Safety Administration created extensive data files of safety records which are maintained by the National Center for Statistics and Analysis. The most well known of these records is called the Fatality Analysis Reporting System (FARS) which is a resource for traffic safety research.
