Drennan Law Firm Drennan Law Firm Dui & Traffic Law Center
843-352-4149 Free Consultation
COVID-19 Notice: Drennan Law Firm is fully operational in accordance with safety regulations provided by the CDC and local health officials. Our attorneys continue to provide quality legal representation and are available to discuss your case over the phone, email, or Apple FaceTime.

Do I have to take a breath test if I'm asked to do so?

There are several different methods that law enforcement officers can use to determine if a person has been drinking and driving. One of the options that is available is the breath test, which is commonly referred to as the Breathalyzer. This test helps to determine what your blood alcohol concentration is at the time of the traffic stop.

Do I have to take a breath test if a law enforcement officer asks me to take one?

You do have the right to refuse a breath test. Before you refuse the breath test, you have to think about the possible consequences of that refusal. When you obtained your driver's license, you became subjected to the concept of implied consent. That means that when you got your license, you implied that you would take a breath test if a law enforcement officer asked you to take the test.

What happens if I refuse to take the test?

You face the loss of your driver's license if you refuse to take a breath test. Other penalties, such as fines or being incarcerated, might also be possible. In some cases, the fact that you refused to take the test might be used in a criminal case against you. It is sometimes possible for the law enforcement officer to obtain a warrant that would force you to submit to some form of BAC testing, which could include a breath test, a blood test or urinalysis.

If you are facing criminal charges or any penalties for refusing to take a breath test, you should learn about the options that you have for fighting against the charges or penalties.

Source: FindLaw, "Can I Refuse a Breathalyzer Test?," accessed June 09, 2016

No Comments

Leave a comment
Comment Information

Call Drennan Law Firm — Free Initial Consultation

Speak with a Charleston criminal lawyer today who will work with you directly, one-on-one.
Please call us at 843-352-4149 or email us to schedule a meeting or for prompt legal assistance.

Email Us 24/7 For Fast Answers

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Main Office
1350 Chuck Dawley Blvd
Mt. Pleasant, SC 29464

Toll Free: 888-722-6179
Phone: 843-352-4149
Phone: 843-606-2970
Fax: 843-606-2971
Mt. Pleasant Law Office Map

Branch Office
Local: 843-352-4149
Toll Free: 888-722-6179