We are talking here about a breathalyzer BEFORE arrest for a DUI out in the field, not at the station. Unless you are on probation for a DUI or another alcohol-related offense that requires you to comply, you are under no obligation to give that test. Once arrested you have to provide a breath or blood test, or you could be subject to a longer suspension of your driver’s license than otherwise. If you are on probation, you have to consent to the field breath test. Otherwise, “with all due respect, I am not consenting to a breath test. Am I free to go?”
Copyright©2023, The Law Offices of Paul S. Geller, P.C. All Rights Reserved.