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Imagine this scenario: You get pulled over one evening and the police suspect you’ve been drinking. So the officer puts you through a field sobriety test and doesn’t like the result. They ask you to take a breathalyzer test to establish your BAC once and for all. You say absolutely not. What’s interesting is that they can’t “compel” you to use the breathalyzer. But after the ticket you get for refusing, you may wish you’d agreed.

The breathalyzer test–along with blood tests (more accurate) and urine tests (less accurate)–are “chemical tests” to establish your BAC. You can’t legally be “compelled” to take a chemical test. But these tests make it so simple for police to figure out whether you’ve been drinking that they really want you to say yes.

In fact, most states have ruled that if you are driving on a public road you have “implied consent” for your BAC to be tested–even with a chemical test. The Justia website explains, “Since a driver who refuses to complete a chemical test violates the implied consent arrangement, almost every state imposes a mandatory driver’s license suspension on the driver.”

A police officer issues a written warning instead of a ticket at a traffic stop.
A police officer writes a ticket | aijohn784 via iStock

That’s right, refusing the breathalyzer test is an offense that can be punished by a big fine–often in the hundreds of dollars–and a long license suspension. This suspension can start with six months, or even a full year.

Some states have gone a step further. There was a time when getting a warrant for a breathalyzer test required waking up a judge, asking them to issue the warrant, then delivering the warrant to the scene of the traffic stop. Because of this, clever drivers often said they wouldn’t take the test without a warrant, giving them time to “sober up” and have a lower test result.

To prevent this, multiple states have rolled out a “no refusal” policy. They have a judge on call who can issue warrants immediately. The warrant is then emailed or texted to the investigating officer who is at the traffic stop. Once the police have a warrant they can order you to take the test. If you refuse then, you may be charged with obstructing justice or contempt.

The truth is that if you refuse a breathalyzer test, police aren’t going to just forget they asked. There are serious consequences.

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Staff Writer

Henry Cesari

Henry Cesari joined MotorBiscuit in 2021 and brings his deep interest in vintage cars, trucks, and motorcycles to the site. Having restored his first classic car at just 16 years old, Henry has wrenched on everything from overland campers to Japanese motorcycles and even pre-war Bugattis. Henry is also an avid attendee at local car shows and genuinely enjoys connecting with fellow auto enthusiasts.

Henry earned a Bachelor’s in Anthropology and English from the University of Vermont. He has since incorporated his love of the written word with his admiration of classic cars. While Henry is interested in vintage cars, he believes the golden age of cars is yet to come. He is confident journalists will play an important role in this revolution by exposing the industry as it is now and envisioning its possible future.