Refusing to take a breathalyzer test?
What happens if you get pulled over for DUI or DWI and the officer asks you to take a breathalyzer test and you refuse? Is it better to refuse if you know you'll fail?
- 1 decade agoFavorite Answer
Depending on your state, failure to submit to a breathalyzer test can result in suspension of your license even if you aren't convicted of DUI. Do yourself a favor and take the test, a good lawyer can get you off.Source(s): http://dui.legalrow.com/dui_charges.php
- Anonymous5 years ago
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Refusing to take a breathalyzer test?
What happens if you get pulled over for DUI or DWI and the officer asks you to take a breathalyzer test and you refuse? Is it better to refuse if you know you'll fail?Source(s): refusing breathalyzer test: https://tr.im/iFMzy
- MariliaLv 44 years ago
Especially since you knew the problems the penalty would cause you, drinking was a bad choice! As to refusing the breathalyzer? Not a bad idea, since you would have failed it anyway. Did it help you at all? Probably not! the officer's testimony will be enough to get a conviction. Stayed clean for almost a year ... now back in worse shape than you were. Hire a lawyer and hope for the best. IMHO you are probably going to get hit with the full penalty.
- Ofc. DrewLv 51 decade ago
I work mostly in the state of Florida.
When you are issued your divers license and sign all that fine print, you are agreeing that as a condition for the privilege to drive you MUST submit to a breath test when asked by a LEO. Refusal will mean that your license will be revoked.
Additionally once you do get to jail you can be subjected to a blood test that will be forcibly taken from you once signed off on by a judge. (This is usually reserved for cases where property damage, injury or death has occurred).Source(s): 15 years as a Public Safety Officer
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- mebe1042Lv 51 decade ago
There are differences from state to state. However, the penalties are consistent. You can refuse, but based on other observations of the Officer you can still be found guilty of DUI. In WI where I am, if you refuse for a first offense and in the end not be convicted of DUI but the refusal will result in a revoked driver's lic. and will count as a prior DUI violation if you are stopped again. Add to that, 2nd offense and up gives the Officer the authority to forcibly draw a blood sample if you refuse to submit to testing.Source(s): Serving since 1989.
- sensible_manLv 71 decade ago
In most states, that is an automatic suspension of your license for up to one year. You will be arrested anyways, and many States can then force you to submit to testing. Getting the suspension for refusing the test, and then getting charged with DUI after they force the test, are two different charges and both can be levied against you.
- Andy GLv 61 decade ago
Depends on the state, some states have a law that if you refuse a breathalyzer you admitting guilt and will lose your license.
- itsjustmeLv 71 decade ago
If you refuse a breathalyzer test, you go directly to jail, you won't pass go and you won't collect $200.00! BTW your driving privileges will also be suspended.
- purrsephanieLv 41 decade ago
Never refuse, just face the fact that you got caught and hope the f* up somewhere down the line.. I get to go to jail for 15 days-
But yeah, most places automatic suspension of your license for 1 year.
- 1 decade ago
Request a blood test because they are more accurate and that will also give you more time to delute your system. Now if your sh!t hammered then just hang it up and turn around and take it cause you know better than drinking and driving.