DO I HAVE TO TAKE A BREATH TEST IF ARRESTED FOR A DUI?

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© 2015 by The Law Office of Corey I. Cohen. All Rights Reserved. Design and editorial services by FindLaw, part of Thomson Reuters.

While people may be confused about whether they have to take a breath test when arrested for DUI, the

law is not. As surprising as it may be, you do not have to take a breath test when you are arrested for DUI.

That Answer May Surprise You

To help you understand this answer and the legal issues

associated with it, we have provided a new legal white

paper on our website for your reference: Do I Have To

Take A Breath Test If Arrested For A DUI?

TO PROTECT YOUR RIGHTS,

You Need To Understand The Rules

The internet is full

of a wide variety of

answers when it

comes to taking a

breath test or not.

Many of those

answers are wrong.

To cut through the fog, we focus on the four

following issues in this presentation:

•  The role of the police officer

•  Your options after arrest

•  Unique concerns if you have multiple

refusals to take a sobriety test

•  The tight deadline facing you if you want

to protect your license

Is A Police Officer Required To Tell You That

A Breath Test Is Not Required?

No.

While a police officer cannot tell you that a breath test IS required, the police officer is under no legal obligation to tell you that the breath test is NOT required.

Not Taking The Breath

Test Actually Protects You

This point also surprises many people, but think about it. If

there is no breath test, there is no evidence that can be

interpreted one way or the other.

Without a breath test an issue, you and your attorney are free

to focus on other issues in your case.

So What

SHOULD

You Do?

Not taking the breath test, however,

is only your first step.

You want to make sure that you

decline the breath test politely and

courteously. From this moment

forward in your arrest, you want a

judge to be able to see you as a

reasonable and fair person.

Be Aware: If You Have Multiple Breath Test

Refusals, Different Rules Can Apply

You always want to refuse a breath test,

even if you have refused the test on more

than one occasion. However, so-called

“second refusal” rules will apply. These

rules have a longer license suspension time

than a one-time refusal: 18 months instead

of 12 months.

When you are arrested for DUI, whether you take a breath

test or refuse one, the law only provides you 10 days within

which you can save your license.

The law provides for what is called an administrative process.

This process enables you to apply for a hardship license you

can use during the 12-month suspension of your license. This

10-day deadline, however, is firm. Do not miss it.

1 2 3 4 5 6 7 8 9 10

YOU ONLY HAVE 10 DAYS TO PROTECT YOUR RIGHTS!

Protect Your Rights By Knowing What

The Law Really Says About Breath Tests.

You now know that you should not take a breath test if you have been

arrested for a DUI, what you should be doing if arrested for a DUI and that

different rules may apply if you have refused a breath test on more than

one occasion. Also important, you now know about the tight 10-day time

limit you face after your arrest if you want to save your license.

Read more about your rights during a DUI stop by downloading our free white paper, Do I Have To Take A Breath Test If Arrested For A DUI? You can also visit us online.

© 2015 by The Law Office of Corey I. Cohen. All Rights Reserved. Design and editorial services by FindLaw, part of Thomson Reuters.

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