You should know that if you fail to take a breathalyzer test after the police request one, Tennessee law mandates that your license will be suspended, regardless of whether you are ultimately found guilty of the DUI. If you have not been drinking, taking the test is often the easiest way to show the police that you are not intoxicated. However, machines are not foolproof, and a bad result on a breathalyzer test can sometimes make it very difficult to obtain a good result in court.

No. However, Connecticut has what is known as the Implied Consent law. This means that by driving a vehicle you are giving consent to be tested. If you refuse to be tested, strict penalties are automatically applied. Learn more about the consequences in our section discussing the law. See similar questions...

By law, you are required to submit to a breath test when requested by the police. However, refusal to take a preliminary breath test offered on the side of the road is a civil infraction punishable by a fine and no other penalties. Refusal to take the test at the station can result in a one year suspension of your driving privileges unless one of four rights are violated. Immediately contact an experienced DWI lawyer at Paul J. Tafelski, P.C. See similar questions...

Yes, that's what I recommend to most people who ask me. The fact that you refused can't be used against you at trial. The same applies to a refusal to perform field sobriety tests. If you refuse the breath test at the police station after being arrested, your license will be suspended for 180 days if it is a 1st offense OUI charge. Refusal suspension will be for three years for a 2nd offense, or a first offense if you are under 21 (5 years for a second under 21 OUI charge). See similar questions...

Yes, unless you are a commercial driver the penalties that apply for refusing the PBT are relatively minor. Michigan Law provides that refusing a preliminary breath test is a civil infraction that caries a fine but no points. The same however is not true of the evidentiary breath test, that is, the one you are given at the police station. (The Datamaster test). A conviction for refusing this test is called an implied consent violation and will result in an automatic license suspension. See similar questions...

If you refuse to submit to the State's test, none should be given except in the case of a serious accident, when the State may decide to force you to take a test, even if you want to refuse. If you refuse to submit to a chemical test, then the State will take action to revoke your drivers license for a period of up to 3 years. The time of revocation varies. See similar questions...

Yes, we can although the case may be more difficult. The Massachusetts Supreme Judicial court recently ruled that breath test evidence does not require expert testimony to establish the validity of the testing, which was a disappointing ruling. However, there are still options that are available, not the least of which is giving the prosecution every opportunity to screw up their evidentiary procedures so the breathalyzer evidence will be excluded. See similar questions...

Answer: When this test is offered, you have already been placed under arrest for driving under the influence. You are going to be incarcerated and taken before a judge to have bond set. Your vehicle has already been towed. If you take the test all you are doing is providing additional information for the officer to prosecute you. Remember it is impossible to preserve the breath sample which the officer will later claim may prove your guilt. See similar questions...

In Rhode Island, anyone who operates a motor vehicle is deemed to have given his/her consent to take a chemical test if a police officer reasonably believes that person is driving under the influence of an intoxicating liquor. The following administrative as opposed to criminal, penalties will be imposed after a hearing if you refuse to take a chemical test and are a first-time offender: A. a minimum fine of $200-$500; B. a highway assessment fee of $500; C. See similar questions...

If you refuse the breath test, your driver's license is suspended for a minimum of 180 days. If you fail the breath test, your license is suspended for 30 days. See similar questions...

Answer: If you registered over .15 on the breathalyzer, the officer took your license as you will be administratively suspended due to the reading. You have the right to request an administrative hearing within 30 days of your arrest. If you do so, you will be eligible for a temporary alcohol license which will allow you to drive until an administrative hearing can be held. See similar questions...

Answer: No, the breathalyzer reading is a piece of evidence that a judge or jury can consider at your trial. The judge will instruct the jury that any result on the breathalyzer is to be considered with all other evidence in the case. See similar questions...

Yes, you may refuse this testing. Newborn screening is designed to identify serious health conditions in infants at an early age, so that early treatment can be provided to provide the best outcomes for babies with these conditions. Although you have the option to refuse this testing, newborn screening is considered standard of care for your baby and is highly recommended. See similar questions...

Yes, with two exceptions. If a person is involved in a fatal accident or an accident involving a life threatening injury, and the officer has reasonable grounds to believe the driver was impaired, the person shall be required to submit to a test. See similar questions...

To answer this question, several factors must be weighed. Under Maryland’s implied consent law, if a driver blows over a .08 or refuses the test he/she is facing a suspension of his/her driving privileges. (Any driver who refuses a test or blows over a .08 should fill out the hearing request form on the back of the officer’s certification and request a hearing within ten days. See similar questions...

You are not legally required to take a field sobriety test. If you believe you are sober, and can adequately perform the tests, take them, because the fact of your refusal can be taken as evidence of your guilt at trial. If you feel you may be intoxicated, politely refuse, as explaining your refusal in a sober state before a jury is far preferable to explaining why you could not pass a field sobriety test while claiming you were sober. Regardless, always be polite and courteous to the officer. See similar questions...