Criminal Defense Lawyers

The Fifth Amendment of the U.S. Constitution provides us the right to avoid self-incrimination. So when an officer asks you to provide potentially incriminating evidence through a breath test, you are within your rights to refuse. However, refusing comes with consequences in most states.

All 50 states have enacted implied consent laws, which basically mean that by driving on public roads, you automatically consent to sobriety testing if an officer has reasonable suspicion that you’re under the influence. If you refuse to comply, you violate implied consent and face penalties like automatic license suspension, possible jail time, and fines. The exact punishment depends on the state. For example, refusing a breath test in Wisconsin results in a one-year license revocation, while Florida imposes a flat $500 fine.

So should you ever refuse to blow? Well, it depends. An experienced DUI lawyer may recommend refusing the roadside breathalyzer, as those results aren’t always accurate and can’t be used in court. However, once at the station, refusing to provide a breath sample will likely lead to worse consequences than failing the test. At that point, the officer has enough evidence for a DUI charge anyway.

That said, breath test results aren’t foolproof evidence. There are instances where refusing the station breathalyzer may help your case, like if:

• You have a medical condition that could impact results. For example, diabetes, acid reflux, and dentures can sometimes lead to falsely high BAC readings.
• You take a prescription drug that contains alcohol, like NyQuil. Yes, some OTC meds can trigger positive breath test results!
• You actually consumed alcohol after driving. For instance, you drove home fine from dinner out, then had a nightcap once you got home. The test could show you over the limit even if you weren’t while driving.
• The breathalyzer machine wasn’t properly maintained or calibrated, yielding inaccurate samples.
• The officer didn’t follow proper protocol when administering the breath test.

In cases like these, an attorney may advise refusing the test to avoid flawed evidence. Then they can challenge the validity of a warrant that’s obtained for a blood draw and hopefully get the results suppressed.

Now let’s talk about what happens if you refuse both roadside and station breath tests. Under implied consent laws, police can get a warrant to collect blood or urine if you refuse a chemical test. That means you could face both the penalties for refusing the breath test, plus charges based on blood or urine results.

Some states even have laws allowing officers to use “reasonable force” to obtain blood samples if you refuse. Which opens up a whole other can of worms about excessive force and police misconduct. Big yikes!

The bottom line is refusing breath or chemical tests is risky business that can backfire. An experienced DUI lawyer can help you navigate the situation. Like whether to refuse the roadside breathalyzer but consent at the station. Or vice versa. Every case is different.

But if you refuse both tests, be prepared for added consequences like fines, license suspension, and forced blood draws. Police jump through lots of hoops to get warrants when suspects refuse, so judges expect solid evidence before approving them. But they often do.

Of course, drunk driving is never advisable. Call an Uber, ask a sober friend for a ride, or sleep it off until you’re under the limit. But if you do get pulled over after a few drinks, know your rights. An attorney can help you make the best choice about refusing or consenting to breathalyzer requests.

The laws surrounding DUIs and implied consent are complex. What may seem like a good idea, like refusing to blow, can backfire fast. So make sure to consult a lawyer if you’re ever in that unfortunate situation after having some drinks. They can help defend your rights while minimizing penalties. Stay safe out there!