When people are stopped for a DUI, they often wonder if they really have to do everything an officer tells them to do. The biggest question is whether they have to take a breathalyzer test. This white paper tells them why they do not.

1. DO I HAVE TO
TAKE A BREATH
TEST IF ARRESTED
FOR A DUI?
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© 2015 by The Law Office of Corey I. Cohen. All Rights Reserved. Design and editorial services by FindLaw, part of Thomson Reuters.

2. While people may be confused about whether they
have to take a breath test when arrested for DUI, the
law is not. As surprising as it may be, you do not have
to take a breath test when you are arrested for DUI.

3. That Answer May Surprise You
To help you understand this answer and the legal issues
associated with it, we have provided a new legal white
paper on our website for your reference: Do I Have To
Take A Breath Test If Arrested For A DUI?

4. TO PROTECT YOUR RIGHTS,
You Need To Understand The Rules
The internet is full
of a wide variety of
answers when it
comes to taking a
breath test or not.
Many of those
answers are wrong.
To cut through the fog, we focus on the four
following issues in this presentation:
• The role of the police officer
• Your options after arrest
• Unique concerns if you have multiple
refusals to take a sobriety test
• The tight deadline facing you if you want
to protect your license

5. Is A Police Officer Required To Tell You That
A Breath Test Is Not Required?
No.
While a police officer cannot tell you that
a breath test IS required, the police officer
is under no legal obligation to tell you
that the breath test is NOT required.

6. Not Taking The Breath
Test Actually Protects You
This point also surprises many people, but think about it. If
there is no breath test, there is no evidence that can be
interpreted one way or the other.
Without a breath test an issue, you and your attorney are free
to focus on other issues in your case.

7. So What
SHOULD
You Do?
Not taking the breath test, however,
is only your first step.
You want to make sure that you
decline the breath test politely and
courteously. From this moment
forward in your arrest, you want a
judge to be able to see you as a
reasonable and fair person.

8. Be Aware: If You Have Multiple Breath Test
Refusals, Different Rules Can Apply
You always want to refuse a breath test,
even if you have refused the test on more
than one occasion. However, so-called
“second refusal” rules will apply. These
rules have a longer license suspension time
than a one-time refusal: 18 months instead
of 12 months.

9. When you are arrested for DUI, whether you take a breath
test or refuse one, the law only provides you 10 days within
which you can save your license.
The law provides for what is called an administrative process.
This process enables you to apply for a hardship license you
can use during the 12-month suspension of your license. This
10-day deadline, however, is firm. Do not miss it.
1 2 3 4 5 6 7 8 9 10
YOU ONLY HAVE 10 DAYS TO PROTECT YOUR RIGHTS!

10. Protect Your Rights By Knowing What
The Law Really Says About Breath Tests.
You now know that you should not take a breath test if you have been
arrested for a DUI, what you should be doing if arrested for a DUI and that
different rules may apply if you have refused a breath test on more than
one occasion. Also important, you now know about the tight 10-day time
limit you face after your arrest if you want to save your license.
Read more about your rights during a DUI stop by
downloading our free white paper, Do I Have To
Take A Breath Test If Arrested For A DUI? You
can also visit us online.
© 2015 by The Law Office of Corey I. Cohen. All Rights Reserved. Design and editorial services by FindLaw, part of Thomson Reuters.
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