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Nothing runs a good car trip like getting pulled over by the police. However, how to respond to being pulled over, especially if you’re suspected of driving under the influence can impact the entire next year. 

Can you refuse a breathalyzer test? 

Yes, technically you can refuse a breathalyzer test, but it may come with serious consequences. In some cases, you might not be able to drive your car for up to a year. 

The laws for refusing a chemical test vary based on your state. Refusing a breathalyzer in Florida, New York, and North Carolina will land you with an automatic license suspension for one whole year.

Even if you aren’t convicted of a DUI or DWI, you will still lose your license. The consequences of getting a DUI could be less severe. 

It could also make you look worse in court. It can be introduced to a trial to establish concious evidence of guilt. So, if you do refuse the blowing test, get a better lawyer. 

Some people refuse the test in the field and wait until they get to the station, in hopes of their blood alcohol level lowering before they get there. 

A police officer giving a woman a breathalyzer test
A woman getting a breathalyzer test | iStock

The test used in the field is less reliable and can be dismissed in court. Radio interference, human error, and inexperience with operating the device air/body temperatures, and the quality of breath may alter the results. 

Field tests could show blood alcohol levels higher than your actual score. 

The blood test used at the police station is more accurate. So doing both is important for your case. 

I’ve been to a few demonstrations, and using a breathalyzer can be challenging. You have to blow pretty hard and hum at the same time. So, it makes sense to use your quality of breath to claim that your test provided a false reading. 

Other types of tests include peeing into a cup for a urine test, and blood test. In some cases, like when accidents occur, you can’t refuse the blood test. 

Overall, it’s best to not drink and drive. Use a designated driver or call an Uber. Heck, even roll the dice by calling your ex-wife. It could prevent you from getting arrested, harming yourself, or injuring those around you.

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Staff Writer

Allison Barfield

Allison Barfield joined MotorBiscuit in 2020 and covers all things trucks, SUVs, and Jeeps. Having grown up on a farm in Rock Hill, South Carolina, she’s no stranger to the “Best in Class” truck and SUV debates; people in her hometown were always gathering to help work on vehicles together, and deliberation would naturally arise.

Allison graduated from the University of South Carolina with a degree in Media Arts. She has helped bring awareness to issues Women In Trucking face and has promoted Truckers Against Trafficking, an anti-trafficking NGO.

A fan of creatively dark literature, Allison appreciates the works of Shirley Jackson and Emily Dickenson. She lives in a mountainous area of the country and enjoys off-roading and camping. Her dog, Bruce, often joins her in testing trucks and SUVs for our site.