What Happens If You Refuse the Breathalyzer

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When you get charged with a DUI or DWI you either get a notice of revocation of your license or a notice that your license will be suspended for a period of time. That is all dependent on whether or not you took the breath test.

People are sometimes confused about the breath test. The breath test that matters is the one where the police use what is called a breathalyzer. That is different than the little hand-held device they frequently have you blow on the roadside. That is not the breathalyzer.

Before they ask you to blow into the breathalyzer the police have to read you what is called an implied consent warning. They inform you that you are under arrest and that the officer has reasonable grounds to believe you were driving a vehicle while intoxicated. They then have to request a breath or blood sample. You must be told that if you refuse your driver license will be immediately revoked for one year. They also have to inform you that if you refuse, your refusal may be used against you in a prosecution for driving while intoxicated. And then and only then should they ask you if you want to take the test.

You have the right to request to speak with an attorney. They then have to give you twenty minutes to do so.

Now if you refuse to take the test your license will be immediately revoked. They will give you a paper that allows you to drive for 15 days so you can come see me.

It is important to call me as soon as you can after you get your ticket. There are things that we can do to try and keep your license, but we have to act fast.

In another article I will tell you what happens if you do take the test.

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