{"id":286648,"date":"2025-11-16T17:30:25","date_gmt":"2025-11-16T22:30:25","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/dui\/arrests\/should-i-take-a-blood-test-or-a-breathalyzer-test-if-i-am-asked.html"},"modified":"2025-11-16T10:29:00","modified_gmt":"2025-11-16T15:29:00","slug":"should-i-take-a-blood-test-or-a-breathalyzer-test-if-i-am-asked","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/arrests\/should-i-take-a-blood-test-or-a-breathalyzer-test-if-i-am-asked.html","title":{"rendered":"Should I Take a Blood Test or a Breathalyzer Test if I’m Asked?"},"content":{"rendered":"\n
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Should I Take a Blood or Breathalyzer Test if I'm Asked?<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, 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

\n \n <\/i>\n Fact-Checked\n <\/summary>\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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Key Takeaways<\/h2>\n

It depends on your specific situation and state laws, but taking the test is usually better than refusing. Blood and breathalyzer tests<\/span> are chemical tests<\/span> used by police to measure your blood alcohol concentration<\/span> (BAC<\/span>) after a DUI<\/span> arrest<\/span>. Refusing these tests often results in automatic license suspension<\/span> under implied consent laws<\/span>. In addition, you can still face charges based on other evidence of impairment<\/span>, like erratic driving or field sobriety tests<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Being pulled over for suspected drunk driving<\/span> can be extremely stressful. At the scene, the officer will likely ask you to take a preliminary breath test<\/span>. If you’re arrested, they will conduct additional tests at the station to confirm your blood alcohol level<\/span>. The result of these tests can carry lasting legal consequences.<\/p>\n

This article looks at the key factors to consider when deciding whether you should consent to a breath or blood test<\/span>. You have the right to refuse these tests, but there are consequences for doing so.<\/p>\n

If you are facing DUI<\/span> charges<\/span> and aren’t sure what to do next, consult a DUI<\/span> lawyer<\/span><\/a>. They can help explain your rights based on your state laws and assist you with the following legal proceedings.<\/p>\n

Is It Better To Take a Breathalyzer Test<\/span> or a Blood Test<\/span>?<\/h2>\n

State DUI<\/span> laws<\/span> allow law enforcement<\/span> to make an arrest in one of two ways:<\/p>\n