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

Answer 1

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

Answer 2

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.

Answer 3

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.

Answer 4

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.

Answer 5

It depends on the law according to where you live if you are in England then it is most likely that you would lose your licence. If you refuse a breathalyzer at the roadside the Police will arrest you for Failing to Provide a Sample. At the nick they will offer you a second chance to breath into the breathalyzer but if you still refuse you will be charged with Failing to Provide a Sample for Analysis. You will be given a date to appear before a Magistrate and if you plead guilty or are found guilty after trial you will most likely be fined, given points on your licence and/or banned. The length of the ban may be reduced if you agree to complete an anti-drink drive course.

Answer 6

The way the law in most places is written, if the police officer writes that you appeared drunk, and there is no proof to the contrary, his verdict will stand. And you may lose your license.

If the Breathalyzer would prove you were NOT drunk, take it. Demand it. If it will confirm the officer's verdict, refuse it. A good lawyer might introduce some doubt into the trial - and that would be one less bit of evidence he would have to work against.

The only advantage is if the test would prove you innocent.

Answer 7

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.

Answer 8

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.

Answer 9

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).

Answer 10

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.