Can you refuse a breathalyzer or any other field sobriety test?
In this video, criminal defense attorney Paul J. Cambria explains whether you can refuse a field sobriety test, and the consequences of doing so.
Q: Can I refuse a breath test or any other field sobriety test?
A: You can refuse to take any of the tests that an officer asks you to take. The question, though, is what are the consequences, if any, of refusal? If you have been arrested for a vehicle or traffic offense or you have been involved in an accident, an officer can ask you to take what they call a screening test. If you refuse to take the screening test, that would result in another traffic infraction, and that would be the only penalty for that. On the other hand, if you have already been arrested, and they now ask you to take either a blood test or a urine test or a breath test, and you refuse, your license will be suspended, depending upon your class of license, for at least one year.