Video Resources

Can I Refuse a Breathalyzer Test?

Can I Refuse a Breathalyzer Test?

Answer

Refusing a requested breath sample can lead to a license suspension, which may be challenged afterward. Providing a sample below 0.08 does not automatically end a DUI arrest either; officers may pursue blood or urine testing and continue the investigation.

Drivers often wonder whether to provide a breath sample during a DUI investigation. One consequence of refusing is a license suspension. An attorney can work to challenge that suspension, but the driver may still face an initial period without a license.

A result below 0.08 does not automatically mean release from arrest. The video describes cases in which officers instead request blood or urine testing and continue the process.

A driver may remain in custody, appear for bond, and await laboratory results. Understanding these possibilities is important when evaluating DUI breath testing and the evidence in a case.