If i refuse a Breathalyzer test could i lose my license?

Ian UK

The short answer is that you probably would.

Police in the UK have the power under section 6 of the road traffic act to require a sample of breath for a road side breath test if you meet certain criteria for the officer requiring a sample. These would have to be one or more of the following:

1. Your manner of driving gives the officer suspicion that you may be under the influence of alcohol of drugs.
2. You are involved in an injury road traffic collision (whethter it's you or the other driver who's injured)
3. The officer smells alcohol on your breath when you have been seen driving.
4. You have committed a moving traffic offence.
Etc etc, this is not an exhaustive list.

When the requirement is made & the officer suspects you may have been drinking, if you refuse, it's an offence under section 5 of the road traffic act and you could and probably would in my experience, be arrested.

If you are under the limit, you are free to go, if you are over the limit, you will be arrested. However, bear in mind that the current road side breath test only says you have had a drink, it doesn't currently measure how much, although this is due to change some time in the future.

(Quick tip! one of the questions you should be asked before a breath test is 'Have you drank alcohol in the last 20 minutes?' If you have, say you have. This is because it's takes approx 20 minutes for any trace of alcohol to leave you mouth. If you have just had half a pint you could be arrested even though you are well below the limit' It has happened in my experience).

If you are showing a roadside reading indicating that you are over the limit, you are then required to give 2 further evidential samples on a home office approved & calibrated device at a Police Station. If you refuse to do this, you will be charged with excessive alcohol.

It's then down to the Courts if you lose your licence or not. In my experience, you probably will.

The best advice I couold give is: If you are going to drive after having a drink, or drugs, DON'T! You are a danger to yourself, your passengers & any other road user.

If the requirment for a breath test is given, don't refuse, you may well be under the limit & in my experience this does happen & more often than you may think.

THE SAFEST WAY TO KEEP YOUR LICENCE IS DON'T DRINK AND DRIVE AT ALL!!!

Try this link for more info:

http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880052_en_2.htm#mdiv6

lonewolf1

Yes, in many states a refusal, is an automatic 1 year suspension.

Lil Gal

If you refuse a breathalyzer you're presumed guilty in most all cases, though most of the time the sentence is lessened if you actually are willing to take it. No one is going to say no unless they're drunk.

Rick P

Yes. In fact, you will be arrested if you refuse a breathalyzer test. The cannot force one in your mouth, but they can bring you to jail.

Robert P

yes...refusal in some states is automatic suspension up to 6 months

GOLDEN ANSWERS

As far as I know you could end up having it suspended or revoked!!

Nodor

No, but you will be arrested and have to take one at the police station. Then you will loose your license.

Dr. H2O

Suspended yes, you won't lose it. Could possible serve a jail sentence as well.

Jaysangl

Yes

p_l_gray

If you refuse a breathalyzer, or any other method of determining blood alcohol levels and the officer has sufficient probable cause, then yes, in most states you can lose your license.

Why not just don't drink and drive.

meathookcook

Depends on where you live, but most likely yes.

Just as an aside, several years ago in California they passed a law making it ok for the police to forcibly take your blood(with a needle not a nightstick folks) if you refuse a test. I don't know what the status of that is anymore since I moved from there a while back.

helplessromatic2000

Actually, you WILL lose it

Jay

Yes.

You can be arrested and put in jail.

You can be found "presumed guilty."

No, neither of these are unconstitutional. It's been tried.

You do have the right, however, once you're arrested to a lawyer. Not until. So, if you're concerned, ask to be arrested. Only THEN do your rights kick in.

Of course, not drinking and driving would be a better first step. Breathalyzer tests have been shown to be reasonably accurate. So, if you've had enough to register on the test, you've had too much. At least, according to the law.

If you drink more than 1 or 2, then don't drive. Simple as that.

jimbobob

ABSOLUTELY! DON'T DRINK & DRIVE. It's as simple as that.

FreakGirl

you very possibly would.

but don't be daft and refuse one because if you haven't done anything wrong, then you have nothing to hide.

x

c_leoo

Yes a refusal is considerd a failed test...

jim t

yes definitely

law138

First, don't confuse a breathalyzer test done inside the station with a PBT (portable breath test). A PBT (done on the street during the stop) is not admissible in court and is just used as a tool to see where you are at. Once taken into custody & at the station, you will be offered to take the breathalyzer test. The breathalyzer "is" admissible in court. In Illinoios, you have the right to refuse both of the breath tests, but the breathalyzer is the one that matters.....if you refuse (and you are convicted) your license will be suspended for three yrs....if you take it, your license will be suspended for only one year, if convicted.

Chic

nope but you will be taken to jail anyway and then they could administer a blood test..depends on the state. neway if you go to court it doesn't look good in the judges eyes...but *shrug* if u r there for a DUI and don't have a lawyer u r NOT getting off so may as well just bend over and take like a champ! ;)

dedaliuswizz

Not only will you loose your licence you will get a hefty fine and or 6 to 12 months inside The other sensible answer to this question is if you dont want to take a breathaliser dont drink and drive if you have more fool you

Kevin C

1 year automatic suspension in Michigan.

Sunidaze

Yes...you could lose it for a year by refusing. At least in Ohio, at least back when I had a dui (I didn't refuse, lost it for 6 months...however, everyone, including my dad - a cop - were wondering why I blew when if I didn't blow, it would have been reckless op and could have more easily been overturned by an attorney...my figuring was, I knew I was guilty, may as well do what I'm supposed to do).

Serinity4u2find

You have the right to refuse a breathalizer but if you do they have the right to suspend your license for one year automatically. Every state is the same.

Joe T

If you are drunk the only way to beat the rap is not to blow. I know someone who refused to blow 6 times in ten years and he won everytime. Also, when cops are stopped they refuse to blow. This way you have some argument like you were coporating but the cop got smart with you.

Alex W

Not sure about losing your license... You will get arrested though.

Daniel_Son_Bonsai

well if you refuse one they can take you down to the station and get a blood sample. if you refuse that they will take a urine sample. there is no way to escape it, they will find out how much alcohol you have in your system

Richard H

Discuss it with the judge hearing your case. They would be able to tell you for sure.

watchman_1900

Yes it is separate charge

md91972

depends on the state but most you will lose your license if you refuse, it is part of the agreement when they "give" you your driving privilege

frankturk50

If you are the UK it depends why you are asked to take it.If the officer suspects alchohol and you refuse you will be arrested .The power of arrest actually comes from suspecting the alcohol being in your blood.If you take one say after an accident when it is usually required and you refuse than the officer should report you for the offence of refusing if he doesnt suspect alcohol.
In reality a lot of police dont know the distinction so arrest anyway .You will only lose your license if you continue to refuse to go through proceedure at police station or hospital not just for refusing a breathalyzer.
The breathalyzer gives the officer suspicion to arrest ,the breath test or blood test after arrest proves the offence and thats what gets you disqualified from driving.

Paris

What if you werent driving, hadnt been driving, had no intent to drive, were not in the vehicle but merely had the door open getting your dog out which had been in the car whilst you were in the pub and if the vehicle had been checked there would have been evidence in the vehicle to show that you were intending on sleeping at your friends where the car was parked ie sleeping bag and personal items. Chances of car was iced over and engine cold if they had bothered to check

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