It's Your Right to Refuse a DUI Breath Test

If you are stopped by a police officer and asked toblood-alcohol content (BAC) level. The legal BAC limit in
submit to a breathalyzer test, you have the legal rightWisconsin is 0.8; however, other states may accept
to refuse to take the test, however, refusing to takeBACs as high as 0.10.
the test carries several consequences. When you firstThere are several situations in which the breath test
received your license, you signed several forms.machine may not accurately read your breath's BAC
Signing these forms also meant that you agreed tolevel. If the test is not administered as police training
show your license and proof of insurance when askedregulates, your BAC results may be inaccurate, leading
by a police officer, perform field sobriety tests, andto false accusations of DUI charges. Also, various
agreed to complete blood, urine, and breath tests ifsugar-free products contain sugar alcohols, leading
asked to by a police officer. This is known as "impliedbreath tests to be inaccurate depending on what was
consent" and means that if you refuse to take thein your mouth just before the test was administered.
tests, your license will be automatically suspendedAlthough these types of alcohols do not compare to
whether or not you are convicted of DUI charges.the effect that drinking alcohol has on the body, they
Also, if you refuse to take the breath test, a policemay cause the breath test machine to show an
officer may arrest you for probable cause. Although itinaccurate BAC number. Finally, if the machine is not
is your right to refuse to take the breath test, it iscorrectly calibrated and maintained, your BAC reading
important to know that charges may still be broughtmay be inaccurate. An experienced and skilled DUI
against you in a court of law.defense lawyer will inquire about the calibration of the
When the breath test is administered the office willbreath test machines to discover whether any
ask you to blow into a small machine. The machinecharges of DUI are valid.
then uses an infrared light to determine your