Test Refusal

Drivers suspected or arrested for DUI need to understand the laws in their state for a DUI test refusal. For instance, drivers who have been stopped for DUI have the legal right to refuse to submit to a pre-arrest breathalyzer test, call the PAS (Preliminary Alcohol Screening) breathalyzer. Drivers may also refuse to submit to other field sobriety tests. Consider, however, a PAS test refusal does not guarantee that you will not be arrested for DUI.

If a driver is arrested for drunken driving they will be asked to submit to a chemical test of their blood, urine or breath. This test is generally done after the driver has been taken into custody and they are at the police station or another official testing facility. Under state's implied consent laws, drivers have already given their implied consent to submit to a chemical test and they do not have the legal right to refuse this test.

Drivers who refuse the chemical test will have their driver's license immediately confiscated and suspended by the Department of Motor Vehicles (or equivalent agency in their state). This administrative license suspension is separate from other DUI enhancement charges which can result from a DUI refusal and subsequent criminal conviction for DUI.