To put it simply, yes, you should always refuse a breathalyzer or any kind of chemical test if you are pulled over for a DUI. When asked to take the test, always consult your attorney first if they are available.
You have already made a huge mistake by getting behind the wheel while intoxicated. You got pulled over and the officer knows there is something off about you. He decides to test your sobriety. Now you have two options. You can either take the test and get a DUI or refuse the test and have your license suspended on the spot. It may even result in a night in jail.
Because of a new “implied consent” law officers can suspend your driver’s license for refusing a drug test. Check your state law to see if this applies to you. Even if you are in an implied consent law it still benefits you to refuse the test because you may get your license suspended anyway. Refusing the test may guarantee you get your license suspended but imagine how silly you would feel if you took the test, got a DUI, and you ended up with a suspended license anyway.
Having your license suspended isn’t the worst thing in the world. You can rely on friends, family, and co-workers to help you get to and from your job or school. Public transit is always an option or even Uber. The money you will spend getting to work this way will still far outweigh the consequences of having a DUI on your record.
Avoiding the DUI will literally save you thousands of dollars. Not only that, you won’t have to deal with a probation officer or all of the classes you will have to attend to mitigate your violation. Even though it may be a major inconvenience to have your license suspended it’s better than having a DUI on your record for the rest of your life.
Refusing the test may cause the arresting officer to become frustrated. Stay calm, do not resist, and simply state that you do not consent to the test. Contact your attorney as soon as possible.
