Refusing a DUI test

Geoffrey L. Burg

In almost all cases, the answer is no. I have never told a client to refuse a breath test. Usually it is better to get the result and challenge it than to refuse the test. You should request to speak to an attorney at the time of your arrest. The officer will most likely put you in touch with a public defender who can better advise you about what to do. But again, the answer is almost always that you should take the test.

Travis S Jones

You have the right to refuse any and all tests, but there are different consequences depending on what the tests are. I advise anyone who will listen not to take the FIELD SOBRIETY TESTS. Officers are supossed to inform you that these tests are voluntary. In my experience, the results of these tests are almost never helpful to the driver. On the other hand, I almost always tell clients to take the BAC test. There are very few times that a refusal to take the BAC is better than a high test. Part of the reason is that in Washington the refusal carries a potential license suspension from DOL of one year (for first time offenders), while a BAC test, no matter how high, carries a potential suspension of 90 days (for first time offenders).

Brian Michael Sullivan

While you have the right to refuse, you face greater penalties. It is best to refuse to make any statements, answer any questions, or do any field sobriety tests (those done near your car or on the side of the road). Ask to speak to an attorney before making any decisions regarding the breath test - the officer should try and put you through to someone who can give some better advice (at the least, the public defender on call).

Jonathan Dichter

There are a VARIETY of tests available to you here.

First are the "roadside" field sobriety tests. These should almost always be refused. Not only are they extremely difficult to perform under the most perfect of tests, I have almost never seen anyone pass them.

Second, the "roadside" BAC or the "Portable Breath Test". This should also be refused, as it is voluntary and generally inadmissible.

The BAC test at the station should almost always be taken, regardless of the results. Let your DUI attorney handle what the results are - but a refusal is not only damaging here (because of a mandatory license suspension) - it's also admissible against you as consciousness of guilt.