Should I Refuse a Breathalyzer or Field Sobriety Test?
What happens if I refuse a breathalyzer?
Refusing a breathalyzer triggers automatic license suspension in all 50 states due to implied consent laws. However, refusing field sobriety tests (walk and turn, etc.) usually has no penalty. The decision depends on your specific situation.
- Field sobriety tests include the Horizontal Gaze Nystagmus (eye test), Walk and Turn, and One-Leg Stand.
- In most states, these are voluntary — you can refuse with no penalty.
- Many attorneys recommend refusing because they're subjective, designed to find impairment, and sober people routinely fail them. They provide evidence against you with little benefit.
- The handheld breathalyzer used roadside before arrest is different from the official test at the station.
- In most states, you can refuse the roadside PBT with no penalty or minimal consequences.
- Results from roadside PBTs are generally less accurate and may not be admissible as evidence in some states.
- By driving on public roads, you've already given 'implied consent' to testing if lawfully arrested for DUI.
- Refusing the official test at the station triggers automatic administrative penalties — typically license suspension.
- The refusal itself can be used as evidence against you in court in many states.
- Police can obtain a warrant for a blood draw if you refuse — and it's now commonly done by phone in minutes.
- Blood draws can be compelled without a warrant in cases involving accidents with injury or death, or if the driver is unconscious.
- Refusing a blood draw when a warrant has been issued can result in additional charges in some jurisdictions.
Refusal Consequences by State
A few examples below. Every state’s first-refusal suspension, next to the suspension for failing the test, is on refusal penalties by state.
| State | 1st Refusal | 2nd Refusal | Notes |
|---|---|---|---|
| Texas | 180-day suspension | 2-year suspension | Can request ALR hearing within 15 days of service (20 if notice mailed) |
| Oklahoma | 180-day revocation | 1-year revocation | Refusal used against you in court |
| Arizona | 12-month suspension | 2-year suspension | Warrant for blood draw common |
| New Mexico | 1-year revocation | 1-year revocation | Aggravated DWI possible |
| California | 1-year suspension | 2-year suspension | Mandatory jail if convicted |
| Florida | 1-year suspension | 18-month suspension | Refusal is a misdemeanor since Oct. 1, 2025 (first and later refusals) |
The Bottom Line
There's no universal right answer.
Refusing may help your criminal case (less evidence) but guarantees administrative penalties (license suspension).
Not refusing provides evidence but avoids automatic suspension.
Every situation is different. Consider your BAC (if you know it), prior offenses, your job/license requirements, and your state's specific laws.
What To Do Right Now
If you've already been arrested, focus on:
- Know your state's deadline — it may be as few as 10 days
- Document everything you remember about the stop and arrest
- Consider consulting a DUI attorney — learn what they actually do
This is general information, not legal advice. Laws vary by state and situation. Consult a DUI attorney for advice specific to your case.