A breathalyzer is a device that estimates a person's blood alcohol concentration (BAC) based on a breath sample. Police officers often use breathalyzer tests and Standard Field Sobriety Test procedures (SFST) to determine a driver's impairment. If a driver fails the SFST or breath test, it gives the police officer probable cause for a DUI.. As an easy rule: do not refuse a breathalyzer. Under section 320.15 of the Criminal Code, refusal of a breathalyzer is a criminal offence. Police cannot force you to take it, but the refusal to do so will result in a criminal charge and therefore, lifelong consequences. Some people assume that if they do not provide a sample, then there is less.

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5. Immediate and Long-term Penalties of Breathalyzer Refusal. Once you're charged with a breathalyzer test refusal, you'll face immediate repercussions. Your license will be suspended for 90 days, and your vehicle will be impounded for a minimum of 7 days. These penalties will be enacted irrespective of the final verdict on your refusal charge.. Yes, you can refuse a breath test in any state. However, there will always be a consequence for refusing a post-arrest breath test from a police officer unless your case is dismissed. The severity of the penalty varies by state, even if you weren't drunk driving. Some states treat test refusal as a criminal penalty, while others treat it as a.