Overall, you can refuse to take a Breathalyzer, but it may not be in your best interests. For example, if you live in Texas, you can refuse to submit to a Breathalyzer, but by refusing, you violate the implied consent law, which license may be suspended and charges assessed against
you. In Rhode Island, if you refuse the breathalyzer test, your license and/or privilege to drive will be automatically suspended after the arraignment. Also, if you refuse the test, your chances of winning your case are very slim. If you live in the state of Massachusetts, under the new law (Melanie’s Law) all operators must consent to a breath test if they drive in Massachusetts. If you are pulled over for a DUI and refuse to take the Breathalyzer, it automatically results in a driver’s license suspension for 180 days for a first offense and can extend to forever depending on your previous driving history. The refusal can also be used as evidence at a trial.
Should I Submit to a Breathalyzer?
