I'd recommend you retain a lawyer and plead not guilty. You are presumed innocent until proven guilty. The prosecutor must prove any allegations beyond a reasonable doubt. You have a right to council. OUI's carry significant license sanctions that go beyond just jail time and probation. Never plead guilty to anything unless you fully understand all the risks. Speaking generally, the answer depends on when and where you are refusing the test. In certain situations if you refuse the test, the act of refusing a test may be charged as a civil infraction which carries significant license sanctions and penalties.

Answer Applies to: Michigan
Replied: 11/3/2011

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You can refuse to take the breath test at the roadside during an initial stop. If you refuse this test, the officer will likely arrest you for DWI. However, you have a greater chance of getting your case dismissed (or charges not brought at all) due to the police officer's lack of probable cause to arrest you. Whenever a police officer pulls you over, s/he is looking for indications that you are driving while intoxicated. This is why officers perform numerous tests rather than just one (such tests include the horizontal nystagmus test, the walk and turn test, the one-leg stand test, asking you how many drinks you've consumed, smelling your breath for alcohol, looking for bloodshot and watery eyes or slurred speech, and finally the roadside breath test). If you refuse the breath test altogether, refuse to perform the roadside tests and also decline to answer the officer's questions, you have a far greater chance of winning your case by showing the officer did not have enough evidence to arrest you for DWI. On the flip side, refusing the breath test at the police station is a gross misdemeanor punishable by a maximum of 1 year in jail or a $3,000.00 fine, or both. You will also automatically lose your driver's license for 1 year.

Answer Applies to: Minnesota
Replied: 11/2/2011

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There are a variety of possibilities. Assuming the police had the proper reasons for the stop, arrest and the demand to blow, you could lose your license to drive. Additionally, you can be charged with a crime for refusing.

Answer Applies to: Hawaii
Replied: 11/2/2011

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The law in New York states that walking on the streets is a right, but driving a car is a privilege. So, if the police ask an individual driving a vehicle is requested to breathalyze, he has an obligation to do so. You should be aware of the repercussions if you do refuse. The Department of Motor Vehicles will suspend your license for at least 12 months, with no opportunity for a conditional license to drive to work. A second test refusal within five years of a previous refusal or DWI conviction is an automatic license suspension of 18 months or more. You can still be convicted of DWAI (possibly even DWI) if police have other evidence of impairment. Even if you do beat the criminal charges, your license will still be suspended. You must reapply for your license and pay steep renewal fees after the revocation period. It is possible to challenge a refusal citation and license suspension on grounds that there was no probable cause for the traffic stop and field sobriety tests prior to refusing the breathalyzer.

Answer Applies to: New York
Replied: 11/2/2011

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If you drive a motor vehicle the implied consent law says you are deemed to have consented to take an alcohol test if the police have lawfully arrested you on probable cause and believe that you are under the influence or your level is .08 or above. This does not apply to the PAS (preliminary alcohol screening test) given by officer in the field only to the test at the jail or other facility to which you are taken after being arrested.

Answer Applies to: California
Replied: 10/30/2011

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The police must have probable cause to arrest you for driving under the influence. This can be achieved by the pattern of driving and performance in your field sobriety tests. Now, a refusal is not sufficient to arrest you if there are no articulable facts to support you may have been under the influence. I assume this is a DUI, and not a public intoxication case. In California, every person who is afforded the privilege to drive, impliedly consents to provide a chemical test if arrested for suspicion of driving under the influence. The officer must admonish you that failure to provide a chemical sample (blood, breath or urine if they suspect drugs), will result in suspension of your driving privileges for one year. So, you are NOT allowed to refuse, but they can't force you to provide a sample. You are only allowed to refuse tests that are voluntary, like the field sobriety tests, the preliminary alcohol screening test, and answer any questions about your drinking pattern.

Answer Applies to: California
Replied: 10/28/2011

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There is an implied consent law in CA that basically says if officer believes you are under the influence and you refuse a breath or blood test, they can arrest you and the prosecutor can add an enhancement charge filed against you increasing the potential penalty including a 1 year license suspension for a first dui refusal conviction.

Answer Applies to: California
Replied: 10/28/2011

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In California you can refuse to take any and all field sobriety tests (FST's). This includes the preliminary alcohol screening test (PAS). All these tests are pre arrest. However if you are arrested you must submit to either a blood or breath test.

Answer Applies to: California
Replied: 10/28/2011

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Both are true - you can refuse the Preliminary Alcohol Screening (PAS), the breathalyzer "in the field." And they can arrest you. Otherwise, everyone would simply refuse the PAS, and be on their merry way. When they say you "can refuse it," that means that the refusal to take the PAS will not be used later to add additional charges or penalties. On the other hand it will lead to an enhanced charge and/or penalty if you refuse the official test, e.g., breathalyzer at the station or blood test.

Answer Applies to: California
Replied: 10/27/2011

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You must take a breath test if arrested for a dui. Failure to do so will result in a one year license suspension.

Answer Applies to: California
Replied: 10/27/2011

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Refusal brings administrative sanctions [loss of DL for 1 year on first time] and can invite an instruction of consciousness of guilt and can be used by the court to aggravate punishment. You cannot be arrested solely because of refusal - there still must be probable cause to arrest. I don't know where you got the idea you could freely refuse the test here - the law has been clear on that for decades.

Answer Applies to: California
Replied: 10/27/2011

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Driving is considered a privilege not a right. When you received your license you agreed to take a test whenever you are stopped for a DUI. Without taking the test you can be charged and maybe convicted of a DUI based on the officers observations. Not taking the test adds 48 hours in jail to your punishment.

Answer Applies to: California
Replied: 10/27/2011

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In California, if you are arrested for DUI you are required to take a breath or blood test. If you refuse to take both tests, your license can be suspended for a year or longer. Also, if you refuse to take both tests, the cops can force a blood draw, and often do. Your question sounds like you are asking if they can arrest you if you refuse to take the preliminary alcohol screening test (PAS test). If they have proof of driving and smell the odor of an alcoholic beverage on your person, they are supposed to do further tests before arresting you. However, courts have often said that that's enough for an arrest for DUI.

Answer Applies to: California
Replied: 10/27/2011

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Even absent a test result, the police may still have probable cause to arrest for DUI. There is often other evidence (bad driving, poor FSTs, preliminary alcohol screening test, statements of defendant or witnesses) that raises the level of probable cause. Once they have it, under Implied Consent, you will be advised of the requirement to provide a test, given a choice of tests, and advised of the consequences of a refusal. If you refused the chemical test and they have no test result, the prosecutor cannot file the 23152(b) count (driving with BAC .08 or above); the prosecutor can still, however, file VC 23152(a) (driving under influence of alcohol, drugs or both). They also can file a refusal allegation. This carries enhanced penalties if you are found guilty of this. Furthermore, the DMV will suspend the driver's license on a first offense for one year as opposed to one month with a five month restriction, if the refusal allegation is found to be true at the Administrative Hearing. The bottom line is that you can refuse to take the test, but to do so could result in greater penalties than you would suffer had you taken the test. You do not have the right to consult an attorney before deciding whether to take the test or not, so beware. Sometimes people end up with a refusal DUI while they try to make up there minds whether to take the test or not.

Answer Applies to: California
Replied: 10/27/2011

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You must submit to an evidentiary breath, blood or urine test or the DMV will suspend your license for one year.

Answer Applies to: California
Replied: 10/27/2011

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The PAS (handheld brethalyzer) can be refused if you are over 21. The breath at the station (big machine) is required for everyone unless blood is chosen instead.

Answer Applies to: California
Replied: 10/27/2011

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Under the implied consent laws of California you must submit to either a breath test or blood test when lawfully arrested for a DUI charge. Youcan elect which of the two tests you want to take, but you have to take one of the other. If you refuse to take a test, the DMV will suspend your license for a year. The District Attorney can also charge you with a crime.

Answer Applies to: California
Replied: 10/27/2011

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Unless you're on probation for DUI or under 21, you can refuse the roadside PAS (preliminary alcohol screening) device test. If you're arrested for DUI, then you must submit to a chemical test. Yes, you can refuse, but your license will be suspended, the punishment can increase if you're convicted, and they can force a blood sample from you anyway, then use the results against you. They cannot arrest you for just refusing the test - they must have sufficient evidence to determine that you're driving under the influence.

Answer Applies to: California
Replied: 10/27/2011

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Lose license for 1 to 2 years. Implied consent is what you give an officer when you drive on the roads of California. You must provide a chemical test of blood or breath. You can refuse the roadside tests but those are different from Implied consent.

Answer Applies to: California
Replied: 10/27/2011

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If the cop has reasons other than the PAS test, he can arrest you any way.

Answer Applies to: California
Replied: 10/27/2011

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When you applied for your driver's license you agreed to submit to a chemical test for alcohol when driving (Implied consent). Your failure to permit a breath, blood, or urine test generally results in a suspension of your license by the DMV in addition to any affect that it might have in a criminal case for driving while impaired.

Answer Applies to: California
Replied: 10/27/2011

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Refuse to take the test and police will indeed arrest you, then take a blood test from you whether you like it or not. In addition, your license will be suspended for one full year regardless of whether you have any alcohol in your system or none at all. It doesn't matter ehatsoever - refuse the test and lose your driving privileges for one full year.

Answer Applies to: California
Replied: 10/27/2011

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You must submit to chemical testing either breath or blood. If you refuse to test your license will be suspended for a year.

Answer Applies to: California
Replied: 10/27/2011

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You can refuse one, but not both! So you would either refuse the Breath Test or the Blood Test, refusing both has enhancements and can put a long suspension on your DMV Records.

Answer Applies to: California
Replied: 10/27/2011

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It is permissible to refuse to take the in-field test known as the "PAS." However, it is NOT legal to refuse to take a standard breathalyzer administered at the police station. In the alternative, you may choose to provide a blood sample. That is generally not advisable.

Answer Applies to: California
Replied: 10/27/2011

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If you refuse the test, you can be arrested for a DUI and the DMV may suspend your license for your refusal to submit to a blood alcohol test.

Answer Applies to: California
Replied: 10/27/2011

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