Should You Refuse a Breathalyzer?

Most people should refuse the roadside breathalyzer test.

Should You Refuse a Breathalyzer?

If you are stopped by the police on suspicion of driving under the influence (DUI), you will likely feel intimidated. This isn’t surprising — after all, the law enforcement officer has the power in this situation, and you will be pretty scared of being arrested or going to jail. This often results in people feeling like they are required to comply with everything that the officer tells them to do…which isn’t always true. So what happens when a police officer asks you to take a breathalyzer? Should you refuse it?

As an initial matter, it is important to understand that there are two times that the police may ask you to take a breathalyzer test. When you are stopped, law enforcement officers may request that you take a roadside breathalyzer, which is known as a preliminary alcohol screening tests, or PAS. If you are arrested, then you will be asked to take a chemical breath or blood test.

The question of whether or not you should refuse to take a breathalyzer depends on (1) what type of test you are being asked to take and (2) your personal situation. As a general rule, roadside breathalyzers, or PAS tests, are option — much like field sobriety tests. You can and should refuse to take a PAS test. Why? Because if you take one, you are giving the police more evidence to use against you. In fact, you may even give them probable cause to arrest you for DUI.

There is an important exception to this, however. If you are currently on DUI probation or are under the age of 21, then you are required by law to take a PAS test. Refusing to take a roadside breathalyzer will result in additional penalties. If you fall into one of those two categories, a DUI defense attorney in Santa Ana, CA will likely suggest that you take a PAS test.

When it comes to post-arrest breathalyzers, California has an implied consent law. This means that anyone who drives a motor vehicle in the state has given his or her consent to the chemical testing of their blood or breath for the purposes of determining its alcohol content, if they are lawfully arrested on suspicion of DUI. In other words, if you’re arrested for a DUI, then you are legally obligated to submit to a blood or breath test. You can still refuse — but refusal carries additional penalties, such as an automatic one year suspension of your driver’s license.

Importantly, most DUI defense attorneys in Santa Ana, CA recommend taking a chemical blood test instead of a breath test. The reason why is simple — part of the blood test can be preserved for independent testing. The same cannot be done for breath tests.

If you have been stopped on suspicion of driving under the influence, remember that in most cases, you do not have to take a roadside breathalyzer test (or perform field sobriety tests). Once you are arrested, however, the law is different — and a refusal will lead to consequences.

The Chambers Law Firm represents clients who have been charged with DUIs in Santa Ana and the surrounding areas. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

.
Call Us Today