Can I refuse to take breathalyzer? 63 Answers as of February 23, 2012

I have heard different things about this, if I refused will my license definitely get suspended? What if when I got back to the station I passed the test?

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The Law Office of Kevin O'Grady
The Law Office of Kevin O'Grady | Kevin O'Grady
Although there may be a criminal statute for refusing to take a breathalyzer test, the most common result of either taking a breath test and having enough alcohol in the test or refusal to take the test, is an effect on your driver's license, including in some places revocation of your license and the requirement of the installation of an ignition interlock device. Of course, a good attorney may be able to fight your breath test, whether you took it or you refused.
Answer Applies to: Hawaii
Replied: 7/24/2011
Jonathan S. Willett Attorney at Law
Jonathan S. Willett Attorney at Law | Jonathan S. Willett
Hello- If you are deemed to have refused a breathalyzer, you must lose your license for one year. If the officer, lets you take after you have refused, you would only lose your license for a period of time depending upon what your test results are.
Answer Applies to: Colorado
Replied: 7/19/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
Yes, you can refuse. Most attorney believe you always should. Yes, your license is automatically suspended. However, you can fight that by getting a hardship license.
Answer Applies to: Missouri
Replied: 7/18/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
Sure, you can always refuse. However, when you got your license you agreed with DMV to submit to testing or risk having your license suspended for a year. Just refusing to submit to testing will not automatically save you from a DUI. The BAC derived from a test can be used to establish a presumption that you are impaired. However, even without testing, the testimony of the arresting Officers and other factors can be used to convince a jury you were impaired. Hope that helps.
Answer Applies to: California
Replied: 7/16/2011
Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
In Louisiana you have a legal obligation to submit to a breathalyzer test. This does not mean that you cannot refuse to do so but it does mean that there are immediate consequences for a refusal. Generally, you can expect that refusal will result both in your arrest and the immediate suspension of your driver's license. After your arrest, you only have 15 days to appeal the suspension of your license - one of the reasons that it is critical to hire an experienced DWI defense lawyer to work on your case as early as possible. If you are seeking legal representation in a DWI case in Louisiana, I
Answer Applies to: Louisiana
Replied: 7/15/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    If you refuse to take the test your license will be suspended.
    Answer Applies to: New York
    Replied: 7/19/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Alabama is an implied consent state. This means that you have agreed and consented to a breath test as a condition of being issued a driver's license. If you refuse to take the breath test your driver's license is subject to suspension by the Alabama Department of Public Safety. You may be entitled to a pre-suspension hearing if for some reason you did not take the test due to some legitimate reason (asthma).If you take the breath test and the reading is over the legal limit (.08) you are presumed to be under the influence of alcohol. If the reading is between .05 and .08 there is a rebutable presumption that you are under the influence. If the reading is below .05 you are not presumed to be over the legal limit unless you are a pilot, commercialdriver during employment, school bus driver, or you are under the age of 21 years.You can be found guilty of DUI with a limit of .08 or below. The conviction for DUI is attainedunder most circumstances based on the opinion of the arresting officer that you appeared to have consumed sufficient amounts of an alcoholic beverage to cause you to be unable to safely operate a vehicle on the public streets.
    Answer Applies to: Alabama
    Replied: 7/15/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    Yes, you can refuse to blow the breathalyser. In Missouri the police may decide to obtain a blood sample at the ER even without you consent according to a recent appellate court decision. If you refuse, your license will be "revoked" for one year under the Missouri implied consent law. But, if this is your first DWI, it is quite likely that an attorney can not only save you from taking a conviction, but save your driver's license as well. I have handled hundreds of DWI and related driver's license cases in the thirty-three years that I have been practicing law, and I might be able to offer my services to you for a reasonable fee. Please feel free to contact me for a consultation.
    Answer Applies to: Missouri
    Replied: 7/15/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes, but there will be consequences.
    Answer Applies to: Michigan
    Replied: 7/15/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You have a right to refuse a breathalyzer test, however there will be a potential suspension of your license just for refusing. If you took a test and the results showed you had a low amount of alcohol you might be released without charges.
    Answer Applies to: Kansas
    Replied: 7/15/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes, but a refusal results in an automatic one year license suspension. If you ultimately took it at the station, then the penalty shouldnt apply. Of course you can fight this. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. Keep in mind a little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does.
    Answer Applies to: California
    Replied: 7/15/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    This is a complex question that deals with administrative law as well as judicial law. You need to retain counsel and we can represent you.
    Answer Applies to: New York
    Replied: 7/15/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    There can be consequences for refusing a breath testsuch as a license suspension. There are also negative inferences that can be raised in court for refusing a breath test. Now don't confuse a PBTwhich you can refuse without any consequencesthat is given at a traffic stop with a breathalyzer test that is normally administered at the police station. Mike Morgan
    Answer Applies to: Washington
    Replied: 7/15/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    In California you have the right to refuse the test at the scene ( PAS ). There is no penalty.
    Answer Applies to: California
    Replied: 7/15/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    If you refused the Portable Breathe Test, that alone is not grounds for suspending a DL. Does not mean some anxious cop did not file the process, but you should challenge. The question is did you get a DIC24 (yellow sheet of paper with warnings) the night you were arrested and if so, does it state you refuse the intoxilizer (the real one, not that little portable thing on the side of the road)? If so, the suspension is automatic, UNLESS YOU REQUEST A HEARING ON THE MATTER WITHIN 10 DAYS OF THE ARREST! The 10 day window is very small and not up for debate, you have to ask or it is automatic. If you ask for a hearing the automatic part is stops and your license is not suspended until after the hearing, if at all.
    Answer Applies to: Texas
    Replied: 7/15/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You can refuse a portable breath test without any consequences. If you refuse a formal breath test at the police station, you will lose your license for a year.
    Answer Applies to: Washington
    Replied: 7/15/2011
    Anderson & Carnahan
    Anderson & Carnahan | Stephen Anderson
    Refusal of a chemical test is not a good idea.
    Answer Applies to: Colorado
    Replied: 7/15/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    You can refuse a preliminary alcohol screening (PAS) test. You CAN NOT refuse a chemical evidentiary test. The question is, how do you know which test you are being asked to take? When you are initially pulled over by a police officer for suspicion of DUI the police officer will normally give you a PAS test. The PAS test is usually a breathalyzer device. However, the police officer may also carry with them a chemical evidentiary breath test, which is very uncommon. A chemical evidentiary test can either be a blood or breath test. By law, you can not refuse a breath or blood chemical evidentiary test.
    Answer Applies to: California
    Replied: 7/15/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Under the Alabama Implied Consent Law, if you refuse the test your license will be suspended.
    Answer Applies to: Alabama
    Replied: 7/15/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    The test that counts is the one at the station. The DA can still prove that you were driving under the influnce by suing the blood level ath the station to say that you had sobered up in the time sence you were driving. You need an attorney to challange this in court.
    Answer Applies to: California
    Replied: 7/15/2011
    Aaronson Law Firm
    Aaronson Law Firm | Michael Aaronson
    You may refuse a breath test that your license will be suspended for 180 days if you pass the test than your license will not be suspended
    Answer Applies to: Texas
    Replied: 7/15/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    yes, but the suspension is greater.
    Answer Applies to: Florida
    Replied: 7/15/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    If you are over the age of 21, you can refuse the PAS (preliminary alcohol screening test- which is like a breathalyzer) and the Field Sobriety Test given in the field. However, you will likely be arrested. At that point, you have the option to take a breathalyzer or a blood test at the station. This is assuming this is your first DUI
    Answer Applies to: California
    Replied: 7/14/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You can refuse, however, your refusal will result in licensing sanctions from the Secretary of States office which includes suspension of your driving privileges.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Kevin Smith, Attorney at Law
    Kevin Smith, Attorney at Law | Kevin Smith
    Your license will be suspended if you do not challenge the refusal at the DMV Per Se hearing, or if you challenge it unsuccessfully. The fact that you took the test and passed at the station indicates that you may have a viable challenge to the "refusal". You should contact an experienced OUI attorney who regularly challenges refusals at the DMV.
    Answer Applies to: Connecticut
    Replied: 7/14/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    If it is reported as a refusal and goes down that way, you will have your license suspended. The fact that you later take a test does not define whether it is a refusal. One chance, one "no," equals refusal, if the cop reports it that way.
    Answer Applies to: California
    Replied: 7/14/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If you refuse to take a breath test, your license will be suspended by the secretary of state. The suspension can be for up to one year. Also, upon your refusal, the police will probably seek a search warrant for your blood, take you to the hospital, have your blood drawn and tested and those results are admissible.
    Answer Applies to: Michigan
    Replied: 7/15/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    If you refuse the evidential breath test, the state can and often does suspend your license depending on the jurisdiction. Michigan will seek to suspend your license. You have due process rights to save your license. Call a qualified DUI attorney immediately.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    Under the "implied consent" law, when you drive in the the State of Washington you are consenting to submit to a breath test when requested by a law enforcement officer with a reasonable basis to believe you have been driving with a blood alcohol content over .08 or are "affected by" your use of alcohol or any drug. You do have the right to refuse the test, but as a consequence you will be subject, if convicted, to a higher sentence and fine and a longer license suspension. However a person facing this decision is entitled to speak with an attorney and should absolutely request one at the earliest opportunity. The officer will then be required to either contact the attorney of your choice or a public defender (whether or not you can afford to hire your own attorney).
    Answer Applies to: Washington
    Replied: 7/14/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    If you think you may fail, refuse. There is an automatic suspension, however, if you blow a high number, it makes it difficult to negotiate before a judge who would have to deal with the fallout if you killed someone the week after court while drunk. The judge would catch heat when your prior high score came to light. Stay well.
    Answer Applies to: Alabama
    Replied: 7/14/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    As a condition of being granted the privilege to drive in California you agree to submit to a breathalyzer or blood test. If you pass the breathalyzer test at the station, then you will not be charged with any criminal offense and your license should be fine.
    Answer Applies to: California
    Replied: 7/14/2011
    Leyba Defense, PLLC
    Leyba Defense, PLLC | Matthew Leyba
    You can refuse the breath test at the police station. However if you do so, it carries a longer drivers license suspension from both DOL and the court. It also increases the mandatory jail and fine you could be facing in the criminal charge.
    Answer Applies to: Washington
    Replied: 7/14/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If the police had probable cause to ask you to take the test and you refuse then your license will end up being suspended. The Secretary of State will have a hearing on it if requested to see if the suspension is reasonable.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    A.L.A. Law Group, LLP
    A.L.A. Law Group, LLP | Lauren M. Mayfield
    Your license will be automatically suspended for a year if you refuse both the breath and blood test. You must do at least one test, either the breathalyzer or blood, if you don't it is considered a refusal which carries a one year penalty. There is however, the PAS test which is the breath test you do in the field and that test is optional and you can deny that test without a penalty. They can still arrest you based on other objective symptoms of intoxication if you deny the PAS but it doesn't affect your license by denying it unless you are under 21. If you are under 21 you have to do the PAS test.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    If you refuse to take the breathalyzer the District government will seek to have your license suspended for six months. If you take the breath test and the results are below what is required to satisfy the statute generally the police will release you or seek to charge you under a lessor included alcohol related offense.
    Answer Applies to: District of Columbia
    Replied: 7/14/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    In New York, if you refuse to take the breathalyzer test there are consequences such as a suspension pending the outcome of a refusal hearing.
    Answer Applies to: New York
    Replied: 7/14/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    You can refuse the breath test.
    Answer Applies to: Louisiana
    Replied: 7/14/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    A refusal is an automatic 6 month suspension for a first offense in Connecticut. If you passed a breath test after being arrested you must still appear in court
    Answer Applies to: Connecticut
    Replied: 7/14/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Refusing the test on a first offense can lead to one year license revocation, following a hearing. If you take a test + it is over .08 you face 9 month revocation (can be 1 month no driving + 4 months with Interlock). Your choice. I suggest taking blood test normally - then you have taken a test but result is not immediately available.
    Answer Applies to: Colorado
    Replied: 7/14/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You can refuse the PAS test, which is the hand-held breathalyzer test administered usually at the scene. You are required to take either the breath or blood test at the station or hospital. But either way (refusal or not), your license does not "definitely" get suspened. A lawyer requests a hearing for you and tries to save your license.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    If you refuse then you may lose you license for a year. This can be beat under certain circumstances.
    Answer Applies to: New York
    Replied: 7/14/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If you refuse, you will lose your license. Its called implied consent. You do have a right to a hearing for this.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    When you get your driver's license, you agree to take a breath test if requested upon a stop while driving. However, that consent can be withdrawn by you when the request actually occurs. For those over 21 and first offenders: If you are suspected of DWI and refuse the breath test, regardless of the outcome of any DWI charge, your license will be suspended for 6 months. You are eligible for an occupational license. If you blow the test and fail, your license is suspended for 3 months - same eligibility. (In both of these situations you are entitled to a hearing if you request one within 15 days of your arrest. If you do not, the suspension begins automatically on the 40th day after your arrest. If you have a hearing, the only issues to be proven to suspend your license are whether you were driving, whether the officer had suspension that you were intoxicated, whether you refused / or failed the breath test. They do NOT have to prove that you were intoxicated.) Also, even if the DWI is dismissed, the administrative license revocation still comes into play for the refusal or failure. If you blow the breath test and pass, then the cops will probably say that you must also be on drugs (especially if you blow 0.0). They should contact a drug recognition officer to come and give you special field sobriety tests. Your license will not be suspended for passing the test (but if you are convicted of DWI, it could be suspended.)
    Answer Applies to: Texas
    Replied: 7/14/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    There are 2 types of breathalyzers: one submitted in the field, at the time of the stop. This is the portable breathalyzer. You do not have to submit to this and it won't impact your case. The other type of breath test is the one that is in the police station, where the defendant is taken after his or her arrest. You do not have to take this test either, HOWEVER, there are consequences if you refuse to do so. Under the laws of the state of Washington, there is what is called "implied consent". This means that by driving on the roads of the state of Washington, you give implied consent that you will submit to a breath test if requested by an arresting officer. If you refuse, then you WILL loose your license for a period of one year, without any right to an occupational permit. - even if you are found "not guilty" of the DUI. If you have prior DUis on your record and there is a refusal, then your license suspension will be much longer.
    Answer Applies to: Washington
    Replied: 7/14/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    You can refuse but it has consequences including license suspension and admission of the refusal in the criminal case.
    Answer Applies to: New York
    Replied: 7/14/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Yes you can always refuse but this generally comes with a one hear suspension, unless you ask for a refusal hearing and win it...
    Answer Applies to: New York
    Replied: 7/14/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Here's the thing: there are (usually) two breathalyzer tests. One at the scene. That one you can and should refuse. NOTE: Unless you are currently on probation with DUI terms. Inquire first as to whether this is the implied consent test. It's not, but just make sure the cop doesn't think you're refusing the second test too. This test is not required and you are just giving ammunition to the prosecutor to help convict yourself by an additional alcohol test 15 minutes after the cop stopped you. The second breathalyzer, actually it's your choice between a breath test and a blood test, is the implied consent test. Refusing to take this test can result in losing your license for 1 year. It can also mean you incur more serious penalties in the criminal case. If you pass the second test, they can and may still charge you with the generic DUI (VC 23152(a)) based on bad driving.
    Answer Applies to: California
    Replied: 7/14/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    You have to take a chemical test. If you don't, your license will be suspended. You are given a choice of a breath or blood (or in some cases, urine) test. However, at the scene, you don't have to submit to breathing into the breathylizer called the "preliminary alcohol screening" or PAS test. The PAS test is not a chemical test.
    Answer Applies to: California
    Replied: 7/14/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer is both "yes" and "no." You can refuse to provide a breath, blood or urine test if arrested for a DWI.. However, refusing is a crime that is often more serious than if you took the test and had a blood alcohol content above the legal limit. Refusing also eliminates some of the challenges you may have if you took the test and then challenged it in court.
    Answer Applies to: Minnesota
    Replied: 7/14/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Yes NH residents may refuse a breath test. NH leads nation with 81 percent refusal rate. DMV may suspend upon refusal, but police still need a reason to suspect impaired driving. Breathalzer is an outdated breath tester. NH use an intoxylizer 5000 en.
    Answer Applies to: New Hampshire
    Replied: 7/14/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    This may be where some of the confusion is coming from. When an officer pulls you over, he can ask you to take a breathalyzer or a PBT. You can refuse this with little consequence and it cannot be otherwise used against you. Unless you have a CDL, a PBT refusal is a civil infraction (not a crime) with a fine of $100. You license will not be suspended and no points are added to your record (unless you have a CDL). If you are taken to the station, that is a different story. If you refuse the Datamaster at the station, that will result in a six-point infraction and automatic license suspension. If you have been charged with a DUI, retain an experienced DUI attorney right away to have him review the police report and lab results.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    We are asked this question often. You can refuse to take a chemical test which the police ask you to take at the scene (called a PAS test) and there is no legal penalty for refusing that test. However, if the police demand you take a chemical test at the station, either blood or breathe and you refuse then two things can happen to you. First, you are facing a one year loss of your driving privilege for refusing the chemical test that the DMV can impose. You have the right to a DMV hearing and will want to retain an experienced DUI/DMV law firm to demand a DMV hearing within ten days of your arrest for the DUI. IF you fail to demand a hearing within ten days you will lose your license for one year due to the refusal. Second, if you are convicted of a DUI and the DA alleges the refusal to take the chemical test your sentence can and likely will be enhanced. Whether to submit to a chemical test or face the consequences is something you should discuss in detail with your experienced DUI defense attorney.
    Answer Applies to: California
    Replied: 7/14/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    If you are arrested for DUI in California you must "complete" a chemical test, which is either a blood test or a breath test ("breathalyzer"). Assuming both are available, you get to choose. If you refuse, the penalties are worse than being convicted of DUI, so I don't advise refusing such a test under those circumstances. If you have not yet been arrested, and an officer offers for you to take a Preliminary Alcohol Screening device test (a small hand-held breath testing device), then that is different. This is a field sobriety test, which is voluntary. You can and should refuse this test, unless you are either: 1) under 21 years of age, or 2) on DUI probation. If you fall into one of those 2 categories, you may not refuse a PAS test and can be arrested for refusing.
    Answer Applies to: California
    Replied: 7/14/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Simply answer is, NO, you do not have to take the breath test and if you refuse you will have your license taken for at least 180 days. Now, if you get to court in that time and win the case (are found not guilty), there is a rebuttable presumption that the judge issue an order to have your license reinstated. If you take the BT and fail, you only lose your license for 30 days on a 1st offense. This may seem like a bargain, but when you get to court, it is now available as evidence to prove your guilt. If proven guilty, you lose your license again, on top of the 30 days for failing the BT. Now it isn't such a bargain. It is not a simple answer and requires some thought to do the right thing at the right time. Unfortunately, when you need to make that decision, you are probably not in a condition to make it. So, know what to do before time. Read about it and learn about it and don't drive if you have had too many. If you are pulled over, call your lawyer ASAP.
    Answer Applies to: Massachusetts
    Replied: 7/14/2011
    The Law Offices of Dustan Neyland
    The Law Offices of Dustan Neyland | Dustan Neyland
    Yes, you can refuse to take a breathalyzer. If you refuse to give a breath sample, your license may be suspended for 180 days and your refusal to give a sample can be used against you at trial. However, you can appeal your license suspension and are entitled to a hearing through the ALR (Administrative License Revocation) division of the State Office of Administrative Hearings Breath test machines in Texas are outdated and most are poorly maintained. Do not give a breath sample unless the officer tells you that he will get a warrant and take your blood.
    Answer Applies to: Texas
    Replied: 7/14/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    In the State of Washington, we have a law called the "Implied Consent Law." Basically it says that, by driving on the public roads, you consent in advance to two tests of your breath if you are legally arrested for DUII. Further, the law states that refusing to take the breath test under those circumstances will result in your license being suspended for a minimum of one year and that refusal is admissible in trial if you are charged with DUI. I have successfully defended a refusal case at trial but that was a unique situation and my client had a plausible explanation of why he refused. By far the best tactic would be to call a friend or a cab so you never wind up having to make that decision. After all, it isn't illegal in Washington to drink if you are 21 or older. Nor is it illegal to drive in Washington with a valid license, insurance and license tabs. What is illegal is driving while you ability to drive a vehicle is appreciably impaired by alcohol, illegal drugs or prescription drugs. But if you refuse to take a breath test, your license will not definitely be suspended because you have the right to a hearing. However, the hearings officer is an employee of the Department of Licensing and it is extremely likely you will have your license suspended after your hearing barring Devine intervention.
    Answer Applies to: Washington
    Replied: 7/14/2011
    Castleberry & Elison
    Castleberry & Elison | Peter Castleberry
    Under Oregon DUI laws, the Oregon Department of Motor Vehicles will suspend your license for one year and you will have to wait 90 days before you are eligible for a hardship permit. In contrast, if you *fail a * breath test, the administrative suspension is 90 days and you are eligible for a hardship permit after 30 days.
    Answer Applies to: Oregon
    Replied: 7/14/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    NO. Yes. Still have to take it. Do not have to blow in hand-held breath test gadget in the street if over 21.
    Answer Applies to: California
    Replied: 7/14/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    You are required to take an evidential test after ARREST for DUI. That means a breath or blood test. You are not required to do Field Sobriety Tests or a Preliminary Breath Test. Once they tell you to turn around and put the cuffs on, they usually say you are under arrest for DUI. At that point if you refuse to do a breath or blood test you can lose your license for at least one year.
    Answer Applies to: California
    Replied: 7/14/2011
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