Should You Take a Breath Test?

Full Video Transcript

If police suspect you’re driving under the influence, they may ask you to perform field sobriety tests or submit to a portable breath test when they pull you over. In most states, you can refuse to take the breath test or participate in any roadside tests. However, that may not be the case where you live. Some states have “implied consent” laws, which means refusing the breath test could have serious consequences. In states with implied consent laws, submitting to DUI tests is required when you get your driver’s license. In other words, by driving in that state, you give implied consent to take a breath test, both when pulled over and at the police station. In an implied consent state, refusal often means mandatory suspension of your driver’s license. In many of these states, the first implied consent violation means losing your license for a whole year. Someone who has already been convicted of driving under the influence faces even greater penalties if they refuse the breath test. Although in many states you can refuse a roadside breath test, once you’re at the police station, it’s a different story. Implied consent for blood, breath, and urine tests after you’ve been arrested on suspicion of DUI is the law in every state. Breath tests are not always accurate. That’s why it’s important to speak with an attorney if you’re arrested for drunk driving. They can help you challenge this type of evidence and protect your rights.