If a cop pulls you over, do you need to consent to a breathalyzer test?
Folks confuse two types of breathalyzers. There is a portable breathalyzer that police officers use as a screening device as part of the field sobriety tests at the time of the driver’s arrest. This test NEVER needs to be taken.
However, by refusing these tests (which is your right), chances are that you are going to be arrested, handcuffed and taken to the police department, where you will be asked to take some form of chemical testing. It’s this test (breath, blood or urine) that drivers must take. There is no choice. It is against the law to refuse this test.
The point? You don’t have to take the breathalyzer test at the scene, but you do have to take the test at the police station.
There are layers that make this more complex, of course, like the sentencing consequences of refusing an initial blow test and failing at the station. Therefore, it’s always recommended to consult an attorney.