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While the answer varies by state law, the general answer is that you have the right to refuse but you will lose your license if you do refuse.

In Oregon, for example, you are required to take a breath test. You do have the right to refuse, but if you do refuse your license is suspended for at least one year regardless of the outcome of the DUI charge.

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Q: If arrested for DUI or alcohol and instructed by the police officer to give a breath test what rights do you have?
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Related questions

Who would purchase an alcohol breath tester?

"An alcohol breath tester would be purchased by a police officer or an administrator of a police department, by probation officers, even by parents who are worried that their children are drinking and driving."


What are some defenses one can use if one has been arrested for drunk driving?

There are several defenses one is able to use if one has been arrested for drunk driving however not all will fit in one's individual situations. One such defense is that GERD or heartburn caused a false reading on the Breath Alcohol Test, and another is that the officer failed to read you your Miranda Rights.


What is the main purpose of a breath tester?

A breath tester is used to determine the blood alcohol content one has when a police officer suspects a person of drinking and driving. It is more commonly known as a breathalyzer.


Does the alcohol breath tester work?

"Yes alcohol breath testers work. You breath into a breath tester and it reads the alcohol content of your breath. Cops can pull over people and test them to see if they are drunk, and can arrest you if you are."


If a driver who is stopped by a law enforcement officer and found to have a breath or blood alcohol level of .08 or higher they will?

driving privelige will be taken away


Breath alcohol level?

Breath alcohol level refers to the amount of alcohol vapor in the breath. Alcohol is excreted into the lungs from the blood in a fixed proportion to the amount in the blood. Therefore, measuring breath alcohol gives an indirect, but accurate, measurement of the amount of alcohol in the blood, and the degree of impairment to brain function.


If a driver is asked, should he/she take an alcohol breath test or not?

They should proceed and follow the policeman and his orders. If asked, a driver should comply with all requests by a police officer, including breath tests for alcohol. Refusal to do so is a violation of your driving privileges, and your driver's license will be automatically revoked.


How do you get alcohol out of breath?

The odor of an alcoholic beverage on the breath will dissipate with time. It's also possible to cover the odor with breath mints, mouthwash, etc. However, doing so will not prevent the detection of the alcohol in an alcohol breath test.


Can you blow a 0.01 on a breath alcohol test without drinking alcohol?

Yes. There are many sources of error in alcohol breath testing machines.


What Food that can cause alcohol breath?

None, unless they contain a lot of alcohol. Alcohol breath is caused by alcohol leaving the bloodstream via the lungs. It does not originate in the mouth.


Is there any way of using breath mints to have no pbt reading?

This is a popular misconception. You may be able to fool the officer if they cannot smell the alcohol but a positive test is guaranteed.


How alcohol sensor detects the alcohol level?

on how your breath smells