What happens if I refused to take a breath test? 18 Answers as of July 11, 2013

Pulled over for speeding 5 miles over and refused the breathalyzer. Was arrested and taken to jail. No blood tests were done either. Had a couple of beers 6 hours before being pulled over. Just wondering what I can do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
You need to schedule a DMV hearing within the first 10 days after your arrest. If you refused both tests the DMV will automatically suspend your license for 1 year (on the first offense). You can fight this suspension by scheduling a hearing with the DMV. They have to advise you of the consequences of refusal by giving you an admonishment for the refusal, if they fail to do so properly you may be able to keep your license. You should speak with a criminal defense attorney right away about this hearing as well as a possible court case if they charge you with a subsequent DUI.
Answer Applies to: California
Replied: 7/11/2013
Law Offices of George Woodworth & Associates
Law Offices of George Woodworth & Associates | George Woodworth
It depends on the procedure used by the arresting officer. If he properly advised you re the consequences of refusing to take one of the tests to determine your blood alcohol level, then you could face additional penalties including fines and/or jail, and license suspension. However, if he did not properly advise you of such consequences then you may not be guilty of refusing the test. You should get an experienced criminal defense Attorney to analyze this problem and to advise you of your rights to test this issue in Court.
Answer Applies to: California
Replied: 7/23/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Hire an attorney. Not taking the breath or blood test is like admitting you were drinking. You need an attorney to help you out of this.
Answer Applies to: California
Replied: 7/22/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
If you were lawfully arrested and refused to take a test you can be charged with DUI and lose your license for a year. If all you had was 2 beers it is regrettable that you didnt test.
Answer Applies to: California
Replied: 7/22/2011
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    Upon granting of a license, there is implied consent that you would require you take the breathalyzer or blood test. The failure to take a BAC test entitles the DMV to suspend your license for 1 year. However, the question is whether you refused to take a blood test or the police simply never took the blood test after being arrested. If it was the police's oversight, then you may have a defense to the refusal of being tested. As the refusal of being tested is only one aspect of your DUI charge and arrest, it is highly recommended that you immediately contact and hire an experienced DUI attorney who regularly practices in the court where your case is filed. It is extremely important to request a License Suspension Hearing within 10 days of your arrest. Otherwise, your license could be suspended for one year or four months depending on the refusal of being tested issue.
    Answer Applies to: California
    Replied: 7/22/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Contact an attorney where you live for advice about the specific facts of your situation. There are drivers license and criminal record implications.
    Answer Applies to: Colorado
    Replied: 7/22/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    If you do not take the chemical test (not the roadside breath test) after being arrested on probable cause by the officer you will lose your driving privilege after having the opportunity to challenge it at a DMV hearing. This is the case regardless of whether you are ultimately found guilty of the DUI in court.
    Answer Applies to: California
    Replied: 7/22/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Refusal cases are very defensible in court provided you have a good lawyer. The consequences at the DMV are more severe and requires timely action.
    Answer Applies to: California
    Replied: 7/22/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Hire a lawyer. 'Refusing' the blood + breath test can result in 1 year loss of license, but in court it often makes things easier.
    Answer Applies to: Colorado
    Replied: 7/22/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Had to say without seeing the police report. You should get an attorney to look at this case.
    Answer Applies to: California
    Replied: 7/22/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    You need a attorney ASAP! A refusal can lead to an automatic suspension of your license to drive for one year. You still can be charged with a DUI.
    Answer Applies to: California
    Replied: 7/22/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    It depends. There are two breath tests. The first one, administered at the scene, you are free to refuse. The second one, offered in the alternative with a blood test and taken at the station or a blood test at a hospital, you can not refuse without penalty. The penalty, if convicted, is jail or community service and a 1 year hard suspension. It's unclear whether you refused once or twice. If you refused the second one, you can fight the refusal as not made knowingly and intelligently.
    Answer Applies to: California
    Replied: 7/22/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You automatically lose your license for a year for refusal. 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, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. 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: 7/22/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    The law requires you to take a breath or blood test. Otherwise you lose your license. And it can be used against you in court for knowledge of guilt.
    Answer Applies to: California
    Replied: 7/22/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    It is actually illegal to refuse under California's implied consent law. You will be charged with DUI under this law.
    Answer Applies to: California
    Replied: 2/22/2012
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    If you refused the breathe test at the scene you are fine. However, if you refused to submit to a breathe or blood test when asked to do so by the police at the station you are facing a one year suspension of your driving privilege and jail time if you are found guilty of the DUI. You only have ten days to retain a lawyer to contact the DMV to demand a DMV hearing to try to save your license. Refusal cases are serious but because of the fact they have no blood alcohol result often they can end up in a positive result for our clients.
    Answer Applies to: California
    Replied: 7/4/2013
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    You need to fight this case... If you refuse to give a breath test and they say you refused to give a blood test, you are looking at some issue. Feel free to call me
    Answer Applies to: California
    Replied: 7/22/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney