Can You Refuse A Breathalyzer

Don’t Refuse A Breathalyzer Test

We don’t recommend refusing to submit to a breath test, even if you are sure you will fail it. There are four reasons for this:

  • The first is that they will make you take the test one way or the other, obtaining a warrant from the court if necessary.
  • The second is that you will have your driving privileges automatically revoked — six months for first-time arrests, longer for multiple offenders.
  • The third is that refusal will make the police unhappy with you. People get hurt when they irritate the cops.
  • The fourth is that refusal complicates your defense. Instead of having to defend yourself against one crime, you now need defense against two: DUI and breath test refusal.

Should I Refuse A Field Sobriety Test?

Refusing the standardized field sobriety tests (SFSTs) is a good idea. Refusing the Breathalyzer test, blood test, or urine test is not, as this website seeks to show.

If you do refuse to take the tests, there are numerous defenses your lawyer can mount. We can address the legality of the stop and determine whether your rights were violated in any way. Police are obliged to explain to you the consequences of refusal.

Breathalyzer Refusal ∙ Intoxilyzer Refusal ∙ DUI Test Refusal

If the police did not have probable cause to pull you over in the first place, both the DUI and breath test refusal charges will likely go away.

Don’t give more evidence than the police already have. Some people think that if they “cooperate,” they will be treated with kid gloves. Sadly, this is not how it works. When arrested drivers provide the police with damning evidence against themselves, it just guarantees your conviction and punishment.

Nothing Good Comes From Answering Police Questions

Arrested for refusing to take the Breathalyzer (Intoxilyzer) test? Before you talk to police, talk to Salt Lake City, Utah, Breathalyzer refusal attorney Carl N. Anderson at (801) 997-9534.


Get your questions answered – Call for a consultation (801) 997-9534