{"id":286637,"date":"2023-07-05T11:10:10","date_gmt":"2023-07-05T16:10:10","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/arrests\/can-i-refuse-a-breathalyzer-test.html"},"modified":"2025-08-25T11:38:03","modified_gmt":"2025-08-25T16:38:03","slug":"can-i-refuse-a-breathalyzer-test","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/arrests\/can-i-refuse-a-breathalyzer-test.html","title":{"rendered":"What Happens if You Refuse a Breathalyzer Test?"},"content":{"rendered":"\n
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What Happens if You Refuse a Breathalyzer Test?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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You can refuse a breathalyzer test<\/span>, but doing so typically results in automatic license suspension<\/span> under implied consent laws, which <\/span>exist in all 50 states. Refusing the test will not prevent DUI<\/span> arrest or charges, as police can still use other evidence like field sobriety tests<\/span> and observations to prosecute you. The penalties for refusal are often more severe than failing the test, including longer license suspensions<\/span> and potential criminal charges<\/span>.<\/p>\n\n <\/div>\n\n\n\n

The first question people have during a DUI stop is, \u201cCan I refuse the breath test? What happens if I don\u2019t take the test?\u201d<\/p>\n

The short answer is that you can refuse to take a Breathalyzer test, but there may be serious consequences. In some states, the consequences of refusing may be more serious than taking the test.<\/p>\n

Each state treats a breath test refusal differently. All states<\/a> have \u201cimplied consent\u201d laws, meaning drivers consent to blood alcohol testing as a condition of driving.<\/p>\n

Refusing a Breathalyzer test usually means losing your license in addition to any DUI\/DWI penalties. The severity of the penalty also depends on which test you refuse and other circumstances around your DUI stop.<\/p>\n

Refusing a breath test will not prevent an arrest or conviction for driving under the influence. If you face DUI charges, seek legal advice from a DUI defense lawyer<\/a> promptly. They can guide you through the process while protecting your rights.\u00a0<\/p>\n

Breathalyzer Tests, Part I and II<\/h2>\n

After you get pulled over for a suspected DUI, police officers have you perform field sobriety tests to confirm the observations they made from your driving. According to the National Highway Traffic Safety Administration<\/a> (NHTSA), alcohol has predictable effects on coordination and driving ability.<\/p>\n

Law enforcement officers begin a traffic stop by looking for known effects like:<\/p>\n