Think refusing a breathalyzer helps your DUI case? Here’s why it might backfire — or save you.

If you’re pulled over for suspected DUI, the officer may ask you to take a breathalyzer test. You might wonder: Can I say no? Should I?

Here’s what the law says about refusing a breath test — and the consequences.

1. What Is Implied Consent?

Most states have implied consent laws, meaning by driving on public roads, you automatically agree to submit to chemical testing if lawfully arrested for DUI.

Refusing can trigger automatic penalties, even if you weren’t drinking.

2. What Happens If You Refuse?

Refusing a breathalyzer often leads to:

• Immediate license suspension (often 6–12 months)
  
• Fines and administrative fees
  
• Use of refusal as evidence in court
  
• Required installation of an ignition interlock device
  

Some states treat refusal as a separate criminal offense.

3. Field Sobriety vs. Chemical Tests

You can legally refuse field sobriety tests (like walking a straight line). But refusing a chemical test (breath, blood, or urine) carries real risks.

4. Should You Refuse?

Refusing might help avoid giving evidence, but:

• It can lead to harsher penalties
  
• Prosecutors can argue refusal shows guilt
  

Always speak with a DUI attorney before making assumptions.

Final Word

Refusing a breathalyzer is risky and can hurt your case. If you’ve been charged or your license is at risk, Vikk AI can help you connect with a DUI lawyer near you.