Getting Caught for a DUI: Can You Refuse a Breathalyzer?

Can you refuse a breathalyzer

Getting pulled over by the police for a DUI can be extremely stressful. It may seem really bad, but it pays to realize that there are many mistakes you can still commit to make your situation much worse.

At this point, you may be thinking about refusing to take a breathalyzer to avoid having the cops find out that you were driving under the influence.

However, before doing this, it is important to think if it is a good idea. Hopefully, you are reading this article before you actually get pulled over for a DUI. This blog post is going to shed light on what you should do if you are ever in this situation and how to move forward from it.

Getting Caught for a DUI: Can You Refuse a Breathalyzer?

Before anything else, it must be said: Do not drink and drive.

This is an extremely bad habit that has to be broken. However, if you have made the decision to step behind the wheel after having a drink with friends, this article will shed some light on how you should handle the situation should you be pulled over.

Can You Refuse to Take a Breathalyzer?

The short answer to this question is that, yes, you can decline to take a breath test. However, it is not a good idea to do so. With this logic, you should never decline to take a breathalyzer. It is worth noting that even if you do not get tested on the spot, the chances of getting away with your DUI charge are slim anyway.

The ‘No-Refusal’ Breathalyzer Test

Most states have already signed off on the no-refusal bill for breathalyzers. This means that if a cop asks you to take a breath test, you will not be able to refuse if they have a warrant.

A-ha! You might think that you can refuse because it will take time to get a warrant. The truth is that because of the advent of modern technology, cops can get a hold of a warrant in the blink of an eye, and you will legally not be able to refuse a breath test.

What Happens If You Don’t Agree to a Breathalyzer?

In a nutshell, you should never refuse to take a breath test because doing so will just have the charges against you pile up even more. The lightest possible consequence is that you will have your license suspended, and in the worst possible scenario, you will have to face jail time.

Have a question about refusing a breathalyzer test in Louisiana, contact The Law Office of Christopher M. Stahl today.


It may seem like a good idea to refuse to take a breathalyzer, especially in the heat of the moment. However, if you have read this far, you are now aware of the dire consequences you may face if you choose to ever decline to take a breathalyzer test.

To sum everything up, the answer to the titular question is this: You should never refuse to take a breath test when you have been pulled over. The best course of action you can take is to take the test and hire a good lawyer to defend you for your DUI charge.

If you are looking for a lawyer that can help you after a DUI charge, come to The Law Office of Christopher M. Stahl. Christopher M. Stahl is an attorney specializing in family law, criminal
defense, expungements, wills and successions, personal injury, and civil disputes.

Contact us by filling out the form below.

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