In the case of a collision that results in serious injury or death, do police need your consent to perform a breathalyzer?

In situations involving serious injury or death resulting from a collision, law enforcement does not need your consent to perform a breathalyzer test. This principle is rooted in the notion of implied consent laws, which often allow police to conduct such tests without explicit permission when there is a reasonable suspicion of impairment and serious consequences of the incident.

These laws are designed to promote public safety and ensure that drivers who may be under the influence can be identified and removed from the road immediately, especially following a serious incident. The urgency of the situation typically overrides the need for consent, allowing officers to obtain essential evidence that may be critical in investigations and legal proceedings. This is particularly important in serious collisions where establishing the level of impairment can have significant ramifications regarding culpability and accountability.