Should I Take the Breathalyzer Test?

Authored by Wendy Witt, Esq.

If someone has been killed in a DUI accident and you may have been driving drunk, it's generally recommended that you not take the Breathalyzer test.

However, this means that you will lose your driver's license for a significant period of time.

  • For example, if you refuse a Breathalyzer test in Florida, you will lose your driver's license for a year.
  • Refuse a second time and you'll lose your driver's license for a year and a half and be charged with a crime.

Police can order a medical professional such as a nurse to take a blood sample, even without your permission. When you accept a driver's license and drive, you are legally consenting to DUI testing; this consent is called "implied consent."

Related topics

More articles about dui

  • DUI Law

    From arraignment to sentencing - learn about your options for dealing with your DUI or DWI charge.

  • DUI Glossary

    Understanding DUI terms police, prosecutors and courts use can help your defense.

  • Defenses to Drunk Driving

    Carefully review our in-depth guide to your DUI defense - we break down the most successful defenses.

  • What You Tell Your DUI Defense Lawyer

    Disclose absolutely everything to your attorney and if there is any doubt, disclose that too - here’s why.

  • Why You Must Hire a DUI Attorney

    Just one DUI conviction can cost you tens of thousands of dollars.

  • Penalties for a DUI Conviction

    Penalties typically depend on three factors - where you live, your criminal history and other mitigating or aggravating circumstances. Many offenders face more than just fines if convicted.

Get informed

Be prepared to work with an attorney with our free bankruptcy guides.

Browse comprehensive profiles from top licensed attorneys and law firms.