The Consequences of Refusing to Take a Breathalyzer Test

When the police pulls over someone on suspicion of driving under the influence (DUI), the officer may administer a field sobriety test, followed by a Breathalyzer test. A Breathalyzer test is a test that police officers use to determine blood alcohol content based on alcohol in the breath.

Implied Consent Laws

Most states have implied consent laws, meaning that when a person applies for and is issued a driver’s license, he or she is automatically giving consent to a Breathalyzer test, whenever necessary, to determine impairment.  If a driver refuses to take this test, states will penalize him or her by suspending his or her license for up to 12 months, depending on the state.  If the driver has been convicted of DUI in the past, then he/she can face even longer suspensions or jail time.

“No-Refusal” Enforcement

Some states have adopted "no-refusal" DUI enforcement which can force suspects to submit to testing under the authority of a warrant. Refusing a warrant-ordered Breathlyzer test can result in serious contempt charges, and the police may resort to conducting a blood test by force.

Refusing to take a Breathalyzer test under any circumstances can result in serious consequences. The driver’s license may be revoked or suspended for up to 12 months, fines may be imposed, and the driver may face a jail term. Drivers with past DUI convictions can face even longer suspensions or jail time.

The consequences can have a devastating effect on a person’s career and family. If you or a loved one has been arrested or charged with a DUI or refusal to take Breathlyzer test, speak with an experienced attorney right away.