ABA Family Legal Guide

Automobiles

Your Automobile and the Police

Drunk Driving

Should I take a blood test or a Breathalyzer test if I am asked?

There is no hard-and-fast answer to that question. The law varies by state and is always subject to change. If you find yourself in this situation, you should consult a lawyer if you are allowed to call one.

Unless you are certain that you have had less than three or four drinks in the past hour, or less than five drinks in the past several hours, common wisdom holds that it is a good idea to refuse the tests. It generally is more difficult to convict a driver of drunk driving if no chemical tests are taken.

On the other hand, if you refuse to take a blood test or a Breathalyzer test, your driver's license will probably be suspended automatically for a long period of time. In some states, for example, it will be suspended for six months if you refuse to take a test, but only three months if you take and fail the test (if you are a first offender). In other states, the suspension period might be the same, but you will have to do several days of jail time if you refuse to take the test.