More details to this question:
I was talking with some family members over the holiday and I was wondering if you can refuse a breathalyzer test. It was my understanding that if you refused, it was as though you were admitting you were guilty. Can you still be charged with a DUI if you refuse a breathalyzer test?
11 ANSWERS
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
You may or may not be offered a BT on a DUI - which is driving with any alcohol in your system and being under 21. If you are DWI - driving while intoxicated (at any age), you will be offered a BT. If you refuse, they may take your blood by warrant. If you refuse, you will lose your license. If you fail, you will lose your license. A case can be won or lost whether there is, or is not, a test. It depends on many facts.
Answered on Jan 03rd, 2013 at 2:15 PM
Criminal Law Attorney serving Worcester, MA
at
Gregory Casale, Attorney at Law
Update Your Profile
Yes you absolutely can refuse the breath test. However, there are consequences to refusing it and consequences to failing it. The key is to know whether or not you will pass or fail it. You should never take any test that you cannot pass.
Answered on Jan 03rd, 2013 at 2:14 PM
Michael J. Breczinski
Well you can refuse the test but they can suspend your driving license for the refusal. Also in some places it is a crime to refuse the test.
Answered on Jan 03rd, 2013 at 2:13 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
You have the power to refuse a test, but if we talking not about a breathalyzer (the little boxlike thing in the patrol car) but the Intoxilyzer (the larger machine in the police station), or a blood or urinee test, then the Refusal itself can lead to suspension or revocation of your license. That is the effect of the Implied Consent law, which says that anyone who makes use of the privilege of driving on Wisconsin roads consents to chemical tests if requested by an officer. So, if your refuse and the prosecution does not have a valid Blood Alcohol Content for you, they can charge you with the separate offense of Operating While Intoxicated, rather than also charging you with driving with a Prohibited Blood Alcohol content. You would do well to consult a good lawyer
Answered on Jan 03rd, 2013 at 2:13 PM
Criminal Defense Attorney serving Beverly Hills, CA
at
William S. Kroger Jr.
Update Your Profile
If you refuse, they can still charge you and it increased your penalty with the DMV. You need to make sure to contact the DMV to set up a hearing and you should hire an attorney to help you.
Answered on Jan 03rd, 2013 at 2:13 PM
Personal Injury Attorney serving Covington, KY
Partner at
Law Offices of Christopher L. Jackson, LLC
2 Awards
You can refuse the breath test. It is not an automatic suspension of your license, but the Jury may wonder why you refused. In Kentucky, the Court will likely suspend your license at your first court date and will not grant any driving privileges until the case is over.
Answered on Jan 03rd, 2013 at 2:12 PM
John J. Carney
If you are stopped by the police you should call an attorney to ask him if you should take the breathalyzer. If you are foolish enough to drive drunk then be smart enough to have several lawyers cell numbers in your wallet. If you have priors, were in an accident with injuries, or had more than 8 drinks you should definatley refuse the test, all of them including the field sobriety tests. You should not answer any questions, you should insist on speaking to your attorney no matter what the poilce threaten or promise. If you had less than 4 drinks and it is your first offense you should take the test. If you refuse the test you will lose your license for a period of time, usually 6 months to a year depending on what state, and pay a $750 civil penalty in most states, so it is best to take it unless the circumstances are such that it will hurt you at trial. "Never drive drunk, don't even putt". - Dean Martin
Answered on Jan 03rd, 2013 at 2:12 PM
James Edward Smith
Yes, plus you will lose your driver's license because of the implied consent law.
Answered on Jan 03rd, 2013 at 2:10 PM
You must submit to breathalyzer or blood test or your license will be suspended for one year. Yes you can still be charged with DUI.
Answered on Jan 03rd, 2013 at 2:10 PM
Drivers License Suspension Attorney serving Redlands, CA
at
Law Offices of Matthew Murillo
Update Your Profile
You can refuse it, but it can used as an enhancement to increase punishment against you once charged for DUI and increase the length of license suspension. It's not an admission of guilt, although, that's how the DA may try to paint it.
Answered on Dec 31st, 2012 at 2:39 PM
You can refuse the handheld breath test known as the PAS test, but you are required to submit to a chemical test, either the breath of the blood at the station. With that said, refusal cases, while more severe in consequences, are more defensible provided you have a DUI specialist defending you.
Answered on Dec 31st, 2012 at 2:28 PM