Will I be charged a DUI if I refuse a breathalizer test? 14 Answers as of August 16, 2013

I know there is an automatic 1 year suspension on your license if you do, but can you still be charged a DUI?

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Law Office of Thomas C. Phipps | Thomas C Phipps
Yes. The prosecutor will have to prove the case based on the police officer's testimony.
Answer Applies to: Missouri
Replied: 8/16/2013
Universal Law Group, Inc. | Francis John Cowhig
Yes you can, but it may be hard to prove you were intoxicated.
Answer Applies to: California
Replied: 8/16/2013
Hudson Bair | Hudson Bair
Yes, you can (and likely will) be charged with a DUI. The case against you will depend, to a large degree, on your driving and field test performance. A refusal also Carries ash extra 48 hours and a 9 month DUI program as additional consequences if you are convicted as a first offense.
Answer Applies to: California
Replied: 8/16/2013
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Yes you absolutely can be charged with DUI even if you refuse the breath test (BT). The BT is only one way of showing impairment. The police officer's observations as to odor of alcohol, bloodshot glossy eyes, slurred speech, erratic operation, etc. etc, etc. can all be used to prove impaired operation. Hire a good DUI attorney if you have been charged.
Answer Applies to: Massachusetts
Replied: 8/16/2013
The Law Offices of Harold L. Wallin | Harold L. Wallin
You will have to have been arrested for DUI before they ask you to take an evidentiary breath test, so the answer is yes.
Answer Applies to: Illinois
Replied: 8/16/2013
    The Law Office of Lynn Norton-Ramirez
    The Law Office of Lynn Norton-Ramirez | Lynn Norton-Ramirez
    If the officer feels you were impaired, the DA can still prosecute on a refusal case.
    Answer Applies to: North Carolina
    Replied: 8/16/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You can be charged with DUI without a test. The state would need to prove "under the influence" by testimony based solely on observations. In Minnesota, you would also be charged with "refusal to submit to test", a gross misdemeanor offense.
    Answer Applies to: Minnesota
    Replied: 8/16/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You can be charged If the police believe that they have enough other evidence to charge you with DUI.
    Answer Applies to: Georgia
    Replied: 8/16/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes if they can prove that you were intoxicated with other evidence. This would be how you appeared and acted and smelled.
    Answer Applies to: Michigan
    Replied: 8/16/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, the breathalizer is only one part of the evidence.
    Answer Applies to: Michigan
    Replied: 8/16/2013
    The Law Offices of Angela L. W
    The Law Offices of Angela L. W | Angela Walker
    You can still be charged with a DUI under the portion of the statute that prohibits operating a motor vehicle on the public highways while under the influence of alcohol to the extent that you could not operate the vehicle safely. At trial the officer will present other evidence, driving erratically, smelled of alcohol, blood shot eyes, slurred speech etc. It is not necessary to have a blood alcohol content to prove a DUI. Additionally, in Alabama if you do not submit to the Draeger, you will have to have an ignition interlock device installed on your vehicle in order to get your driver license back.
    Answer Applies to: Alabama
    Replied: 8/16/2013
    Catchick Law, PC
    Catchick Law, PC | Matt Catchick
    Yes, you can. The Breathalyzer refusal, or "Implied Consent Violation," is treated as a separate and distinct matter. Please note that you can request a "hardship appeal" from the Circuit Court, to allow you a restricted driver license to and from work, despite the one-year suspension that accompanies a Breathalyzer refusal/Implied Consent Violation.
    Answer Applies to: Michigan
    Replied: 8/16/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Yes, and you would still receive the ticket for DUI as well. Best to get a good DUI lawyer to fight the case.
    Answer Applies to: Nebraska
    Replied: 8/16/2013
    The Lariscy Law Firm, PC
    The Lariscy Law Firm, PC | Joseph E. Lariscy, III
    Yes, and you most likely will without proper representation. Even if you refuse the breathalyzer, there are other clues to determining your level of intoxication with can lead to a conviction. Did you take the field sobriety tests? Did you speak to the officer? This is something an experienced attorney like myself would investigate. We aim to first preserve your driving privileges, and then reduce the damage a DUI conviction could create. If means for a successful defense exist, I will find it.
    Answer Applies to: Georgia
    Replied: 8/16/2013
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