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Are There Ever Situations When You Can Legally Refuse to Take a Breathalyzer?

Drunk Driving & Breathalyzer Tests | Aldrich Legal Services - iStock-1164067833

Driving under the influence of alcohol is a severe matter and type of offense. The short answer to the question, Are there ever situations when you can legally refuse to take a breathalyzer? is no.

However, that doesn’t mean you don’t have options to hire an attorney that can help you protect your rights.

There may have been mistakes made on the end of the officers, or maybe there wasn’t cause for stopping your vehicle. Now that you’ve been given your breathalyzer and you’re facing charges, it’s time to find out if an inaccurate breath test was performed and what you can do about it if it wasn't accurate.

Refusing to Take A Breathalyzer

When wondering if you can refuse to take a breathalyzer test when pulled over on suspicion of drunk driving, it’s essential to know your rights. You should remember that DUI laws vary from state to state, so you need a qualified lawyer who can help you discuss and unfold your specific legal situation. You face many possible consequences if you refuse to take a breathalyzer when you’re pulled over. If you refuse, you risk having your license suspended or even facing jail time. Therefore, you may think twice and go through with it even though you’re unwilling.

Questions to Ask

There are some questions you can ask yourself and speak about with a criminal attorney that will help you better understand if what occurred was legal or not. For example, was there cause to stop your vehicle, and did the officer properly administer your breath test? Also, you’ll want to confirm the breathalyzer equipment was working correctly and that none of your constitutional rights were violated when they pulled you over. It’s important to get advice from an experienced attorney in this case who can review these questions in detail with you and come up with a defense strategy based on your circumstances.

Challenging Breath Tests

While you may not have refused a breathalyzer test at the scene, you may be inclined to want to challenge the breath test results. It may be that it was inaccurate or that the equipment was malfunctioning at the time. At Aldrich Legal Services, our attorneys can protect your rights and help you determine whether your breath test result is accurate. If you feel they may be incorrect, we can also assist you in effectively challenging breath tests. Are you dealing with an inaccurate breath test? Let us defend you.

Getting Legal Advice

Although you ultimately can refuse to take a breathalyzer test if you choose, it’s not always in your best interest, and you may face other charges if you do. Instead, it’s wise to seek legal advice and learn more about what you can do to challenge the charges. Before you make any decisions or take any further action, it is best to speak with an experienced DUI attorney to discuss your situation in greater detail and determine how to proceed. 


Call Aldrich Legal Services in Plymouth, MI, and Ann Arbor, MI Today!

At Aldrich Legal Services, we are deeply familiar with breathalyzers, and we are dedicated to protecting your rights. Call Aldrich Legal Services at 734-404-3000 or contact us online for a free initial consultation.


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