Do I have to admit to the officer that I have had any alcohol and can I refuse a portable breathalyzer test? 12 Answers as of April 22, 2014

I was pulled over for suspicion of driving under the influence.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
If you refuse a alcohol test then they can suspend your license to drive. You imply consent just by driving.
Answer Applies to: Michigan
Replied: 4/22/2014
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
You do not have to admit the consumption of alcohol or take the breath test but the failure to take the breath test could result in your driver's license being suspended for six (6) months.
Answer Applies to: District of Columbia
Replied: 4/21/2014
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
No. But driving after drinking isn't the crime. Driving with .08% or while impaired is the crime. You do NOT need to take the portable breath test and should not. Unless you are on probation or under 21.
Answer Applies to: California
Replied: 4/18/2014
Anderson Law Office
Anderson Law Office | Scott L. Anderson
In MN you can refuse a PBT but not a blood, breath or urine test if an officer believes you have been drinking. If you have been charged with a DUI you should get representation asap.
Answer Applies to: Minnesota
Replied: 4/18/2014
The Law Offices of Harold L. Wallin | Harold L. Wallin
You do not have to make any admissions and you can refuse a portable breath test.
Answer Applies to: Illinois
Replied: 4/18/2014
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You don't have to tell the officer anything. You can refuse the portable breath test (the small hand held device used in the field). You can also refuse the breath test at the station, HOWEVER, if you do refuse that breath test, the Department of Licensing WILL revoke your license for a minimum of one year, even if you were ultimately found "not guilty" of the DUI. Also, your refusal of that test can be used as evidence against you in a trial. If you have a DUI, you should have an attorney. These are complex cases and the sakes are high.
    Answer Applies to: Washington
    Replied: 4/18/2014
    MatthewR. Schutz, Esq | Matthew R. Schutz
    You do not have to say anything to the officer. However you do have to submit to a breath test. If you do not you will be charged with refusal. The penalties are the same as DUI.
    Answer Applies to: New Jersey
    Replied: 4/18/2014
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You do not have to admit to alcohol, but the real question is what will you say when the officer smells alcohol and you deny that you consumed any alcohol? What will you tell the jury at your jury trial for DUI, about why you LIED to the police officer when everyone smelled alcohol on your breath.
    Answer Applies to: Georgia
    Replied: 4/18/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally you do not have to say anything, but, at least in Michigan, if you have a drivers license you have impliedly consented to testing.
    Answer Applies to: Michigan
    Replied: 4/18/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    You don't have to admit anything but if you refuse the breathalyzer you lose your license and probably will get convicted of DUI.
    Answer Applies to: Nevada
    Replied: 4/18/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    No, no one ever has to talk to the police or admit anything to the police. The Fifth Amendment protects everyone from that. You can refuse a roadside breathalyzer. It is a no point civil infraction and that cannot be held against you in your drunk driving case. Do not confuse that with the evidential breath test at the police station. If you refuse that, your license will be automatically suspended.
    Answer Applies to: Michigan
    Replied: 4/18/2014
    Connell-Savela | Jason Savela
    you can tell the cop that you invoke your right to remain silent and that you want a lawyer - then do not answer any questions about the facts of the case (but you can provide your name, DL, and other identifying info) be polite, but firm you do not have to take a portable breath test you do not have to submit to field sobriety tests if arrested for DUI or DWAI, you can refuse, choose blood or choose breath test, but if you refuse you can suffer DMV consequences and the fact of the refusal can used against you at trial In response to your DUI Post: I am a criminal defense attorney with more than 15 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
    Answer Applies to: Colorado
    Replied: 4/18/2014
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