Should You Take or Refuse the Breathalyzer Test?

When you’re pulled over on suspicion of DUI, one quick decision can have serious consequences, and refusing a breathalyzer isn’t always the smart move it seems.
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Criminal defense lawyer Joseph Alamilla, from The DUI GUY explains what really happens when officers ask you to take a breathalyzer test, and why your response can affect your case long after the traffic stop ends.

Watch: Should You Take or Refuse the Breathalyzer Test?

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What Implied Consent Laws Mean

In most U.S. states, including Utah, drivers are bound by something called implied consent.
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That means that by driving, you’ve already agreed to take a chemical test, such as a breath, blood, or urine test, if lawfully arrested for suspected DUI.
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If the officer believes there’s enough evidence to justify a DUI arrest, they can often obtain a warrant for your blood test, even if you initially refuse the breathalyzer. Refusing the test doesn’t make the problem go away — in fact, it can make things worse.

What Happens If You Refuse the Breathalyzer

According to Joseph Alamilla, refusing a test can lead to additional penalties on top of any DUI charge.
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“In Utah, for example, refusing the breathalyzer can result in an 18-month driver’s license suspension, even if you’re never convicted of DUI,” Joseph explains. “It’s a totally separate offense. And officers can still get a warrant for your blood.”
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In many states, this kind of refusal triggers automatic administrative penalties, sometimes even harsher than those for first-time DUI convictions.

What to Do If You’re Pulled Over

Every case is different, but Alamilla’s advice applies nationwide:
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✅ Stay polite and cooperative.
✅ Provide your ID and follow lawful instructions.
✅ Don’t argue or resist arrest.
✅ Contact a qualified DUI defense attorney as soon as possible.
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“The best move is always to comply with lawful arrests and get legal help immediately,” Joseph says.

About Joseph Alamilla

Joseph Alamilla, also known as The DUI Guy, focuses on DUI and criminal defense cases throughout Utah.
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You can follow him on Instagram at @calltheduiguy.

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