What happens if I refuse to take a breath or blood test when requested to do so by a police officer?

The officer may ask you to take a breath test at the scene of your arrest. This is called a preliminary screening device or “PAS” test and you are NOT REQUIRED to submit to such a test. There is no penalty for refusing to do so.

The officer may ask you to do some “field sobriety tests”. Once again you are NOT REQUIRED to submit to any of these tests. There is no penalty for refusing to submit to these tests.

Finally, the officer may arrest you and then take you to the police station or a local jail. At this location he will ask you to submit to a breath or blood test. You must agree to submit to one of these tests by law. It is rarely a good idea to submit to any tests requested by the police other than the one test that the law requires you to take.