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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.


MICHIGAN PROBATE 57: Brother granted permanent guardianship of siblings.

At a multiday hearing to address the extension of the guardianship, the eldest children, the mother’s relatives and friends, and school personnel testified regarding the mother’s care of the children, appellant’s treatment of and interaction with the children, and the eldest siblings’ role in aiding the mother to raise the children.

FAMILY LAW 88: The trial court found that the children did not have an established custodial environment with defendant because, before the separation, he did not have a large role in the children’s lives.

The trial court credited plaintiff’s testimony that, before the parties’ separation, defendant spent minimal time helping to care for the children, so its finding that the children would not have looked to defendant for guidance, discipline, the necessities of life, and parental comfort during that time was not against the great weight of the evidence.

REAL ESTATE 89: RM had not included any language in the deed providing that the property was a joint tenancy with full rights of survivorship, the property instead became a tenancy in common.

RM drafted the deed without seeking counsel and mistakenly believed that, if either she or FK died, the property would fully pass to the surviving tenant. FK’s will provided that if his wife predeceased him—which she did—the personal representative of his estate should sell any residual property that he owned and divide the cash proceeds equally among his surviving children.

FAMILY LAW 83: A trial court can terminate a parent’s rights and permit a stepparent to adopt a child.

A trial court has discretion to terminate a parent’s rights and permit a stepparent to adopt a child when the conditions of MCL 710.51(6) are met. MCL 710.51(6)(b) requires the petitioner to establish that the other parent had the ability to visit, contact, or communicate with the children, and substantially failed or neglected to do so for a period of two years.

PROBATE 53: The trust agreement included an Incontestability Provision.

A settlor’s intent is to be carried out as nearly as possible. Generally, in terrorem clauses are valid and enforceable. However, a provision in a trust that purports to penalize an interested person for contesting the trust or instituting another proceeding relating to the trust shall not be given effect if probable cause exists for instituting a proceeding contesting the trust or another proceeding relating to the trust.

FAMILY LAW 82: Court stated it would terminate the personal protection order (PPO) after the parties present documentation of the initiation of the divorce proceedings.

However, the trial court concluded that these matters should, in fact, be in the province and the jurisdiction of the Family Division and in that respect, having issued a personal protection order, the Court stated it would terminate the personal protection order after the parties present documentation of the initiation of the divorce proceedings.

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