When you are pulled over on suspicion of DUI, you may be asked to submit to a Breathalyzer test. The alcohol Breathalyzer test will measure the amount of alcohol in your blood stream. While you do not have to take the alcohol Breathalyzer, you may suffer some negative consequences by refusing the Breathalyzer.
Before you are asked to give a Breathalyzer test, you will usually be asked to perform several field sobriety tests. You can and should refuse to submit to any field sobriety tests.
For some states, refusing a Breathalyzer test means that you go to jail, period. It can actually be considered a crime to refuse a Breathalyzer in some states. As you can see, there are some negative consequences of refusing a Breathalyzer.
As a result, your alcohol Breathalyzer test result may not be completely accurate.
Often a positive Breathalyzer result will lead to another test. Alcohol levels can also be determined from testing your urine or blood, not just from a Breathalyzer. These tests are more specific and are preferred as evidence in court over the Breathalyzer test results. When you are asked to take a Breathalyzer test, you do have the right to refuse. Although the prosecutor can use a breath test refusal against you, it is much less harmful if you can rely on the advice of an attorney in refusing the test (we know how inaccurate breath tests can be). This is why you should always speak with a DUI attorney before deciding whether or not to take the breathalyzer test.