If I am stopped by the police and accused of drunk driving, should I agree to take a breath test?
Whether or not you should agree to a breath test depends on your states laws and rules on Implied Consent, which vary widely. Most states also have implied consent hearings where these rules can be challenged.
In Massachusetts, top DUI attorneys recommend that you refuse to take a breath test or participate in field sobriety tests. For refusing a breath test, you will face a 180 day license suspension.
If you later decide to plead guilty, most people can get a hardship license almost immediately, so your ability to drive won't be restricted for long. But the fact that you refused these tests can not be used against you in court, so you will preserve many options for your defense if you decide to fight in court.
For further reference, here are the breath test refusal stats by state from NHTSA (National Highway and Transportation Safety Administration)
DUI - Implied Consent Laws Accross the Country
Breath Test Recommendations for your State
- Massachusetts OUI Attorney
- Massachusetts Attorney Recommends:
Refuse to take any Breath Tests
Refuse Field Sobriety Tests - Maine OUI Attorney
- Maine Attorney Recommends:
Take the breath test. Refusal will be used against you. - Michigan DUI Attorney
- Michigan Attorney Recommends:
Refuse PBT (portable breath test)
Refuse Field Sobriety Tests
Probably take the breath test unless prior offenses or severe consequences for DUI conviction. Complicated decision, see FAQ link for details. - Missouri DUI/Criminal Laws
- Missouri Attorney Recommends:
Call an attorney from the station before agreeing to breath or chemical tests. - New Jersey DWI Attorney
- New Jersey Attorney Recommends:
Take the breath test. Refusing is a separate criminal penalty, though there may be defenses. - Rhode Island DUI Defense Lawyer
- Rhode Island DUI Attorney Recommends:
Refuse Breath Test
Refuse Field Sobriety Tests - Ohio Breath Test Laws
- Under current Ohio law, you are allowed to refuse a breath test, and not have it used against you in court.
If you are likely to fail, that probably means it is to your advantage to not provide additional evidence that may incriminate you.
Consult an Ohio DUI attorney for advice. - Pennsylvania DUI Laws
- Pennsylvania Attorney Recommends:
Take the breath test. Refusal will be used against you, and you will receive a 1 year license suspension. - Texas DWI Attorney
- Texas Attorney Recommends:
Refuse breath test under most circumstances. - Virginia DUI Laws
- Virginia Attorney Recommends:
Refuse field sobriety tests.
Consider taking chemical tests. 1 yr license suspension for refusal. - Washington State DUI Attorney
- Seattle, WA Area Attorney Recommends:
Refuse Roadside Portable Breath Test (PBT)
Refuse Field Sobriety Tests
Call an attorney from the station before agreeing to blow in the breathalyzer. The right decision is complicated!
What should I do if stopped for a DUI?
What Should You Do if Pulled over for Drunk Driving?
Michigan DUI Attorney Patrick Barone answers the question of what to do if pulled over and suspected of drunk driving/DUI.
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