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Can I refuse a Breathalyzer® test?

Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case.

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The information on this site is not intended to be used as personal legal counsel, nor is to be used as a substitution for legal representation. We recommend that you consult a licensed attorney in order to address your litigation needs.


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The DUI Hotline Network offices are located in Woodland Hills, California, and represents people living or driving in California, including the cities of Los Angeles, San Francisco, Long Beach, San Jose, and San Diego, California and all outlying areas. The DUI Hotline Network also represents clients from any state, who were charged with criminal charges in California.




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