Keauhou, HI asked in Criminal Law for Hawaii

Q: I have heard that if I am pulled over for a suspected DWI I can refuse a breathalyzer test. Is this true?

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1 Lawyer Answer
Stephen Bilkis
Stephen Bilkis PRO label
  • Criminal Law Lawyer
  • New York, NY

A: You do have a right to refuse a breathalyzer test, but the question is whether it is worth your while. By refusing the test, you can wind up being charged with your refusal (even if you are found not guilty for the DWI).

This is because when you obtained your license, you automatically agreed to take a sobriety test if it ever became necessary (by implied consent).

Failure to provide a test will cause the DMV to automatically suspend your license. The length of time will vary state to state. This is in addition to what the court decides for you.

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