Hogan Injury

What happens if I refuse a breath analyzer test?

happens refuse breath analyzer test

If you refuse the breath analyzer test, the officer will have sufficient cause to ask you to take a chemical test. You cannot refuse the chemical test. Refusal to take the chemical test will result in the suspension of your driver’s license.

All states have an implied consent law. Under this law, every person who applies for a driver’s license implicitly agrees to submit to a chemical test when stopped by the police on suspicion of DUI. Your driver’s license will be suspended if you refuse the chemical test. This is an administrative action by the Department of Motor Vehicles and is separate and independent from the DUI case against you.

You can request a hearing against the suspension of your driver’s license. The suspension will be held valid if there were reasonable grounds for a DUI arrest and you refused the chemical test despite the officer informing you of the consequences of the refusal.