Should I Refuse a Breathalyzer Test? Pros, Cons, and Costs

You see the flashing lights in your rearview mirror. You've had a few drinks at dinner. The officer pulls you over, runs you through field sobriety tests, and then pulls out a small machine, asking you to blow into the breathalyzer.

Your mind races: *If I blow, I'm giving them proof I'm over the limit. If I refuse, can they still arrest me?*

Refusing a breathalyzer is one of the most debated topics in DUI defense. Here is the unvarnished truth about what actually happens when you say "no."

The "Implied Consent" Law

In all 50 states, the moment you acquired your driver's license, you legally agreed to submit to chemical testing (breath, blood, or urine) if an officer has reasonable suspicion that you are driving under the influence. This is known as Implied Consent.

Because you have already legally consented by holding a license, refusing the test is technically a breach of that agreement.

What Happens When You Refuse?

If you refuse a post-arrest chemical test, the immediate consequences are usually administrative rather than criminal, but they are severe:

1. Automatic License Suspension

In almost every state, refusing a breathalyzer triggers an automatic, mandatory suspension of your driver’s license. This suspension often lasts between 6 to 12 months for a first offense. Crucially, this suspension occurs even if your DUI case is later dismissed in court.

2. The Officer Can Still Arrest You

Refusing the test does not mean you get to drive home. Officers can and will arrest you based on other evidence: the smell of alcohol, slurred speech, bloodshot eyes, or your performance on physical field sobriety tests (like walking a straight line).

3. Forced Blood Draws

If you refuse the breath test and the officer believes you are highly intoxicated or involved in an accident, they can quickly electronically page a judge, get a warrant, and force a blood draw at a hospital.

Does Refusing Help You Win in Court?

*Sometimes.* By refusing the test, you deprive the prosecutor of the most concrete, scientific piece of evidence they have: a hard number showing your Blood Alcohol Content (BAC) was above 0.08%.

Without a BAC number, the prosecutor must rely on the officer’s testimony and dash-cam footage. A skilled DUI attorney has a much easier time arguing that your "slurred speech" was just exhaustion or that you failed the physical tests because of bad knees, rather than fighting a calibrated machine.

However, prosecutors are allowed to tell the jury that you refused the test, and they will argue that your refusal is evidence of "consciousness of guilt" (meaning you refused because you knew you were drunk).

The Bottom Line

Refusing a breath test is a gamble. You trade a guaranteed, harsh license suspension upfront in exchange for a slightly better chance of beating the criminal DUI charge in court later. If avoiding a criminal conviction is your absolute highest priority—and you can survive without driving for 6 to 12 months—some defense attorneys suggest refusing. However, the costs associated with license reinstatement and alternative transportation are immense.