For many drivers, it is unclear what the penalty is for refusing a driving while intoxicated (DWI) test. Much of this confusion comes from the fact that there are different penalties for different tests. Police officers can suggest a field test, a breath test or a blood sample. Depending on what test you refuse, nothing could happen, you could lose your license, or you could even be charged with a separate crime.

In the United States, you cannot be punished for refusing a DWI test if it is either a field sobriety test or a breath test. The field sobriety test involves doing a series of physical and verbal tests to allow police officers to determine whether you were driving while intoxicated. You have the right to refuse this DWI test. Similarly, you have the right to refuse to take a breath test. The breath test uses a machine that determines your blood alcohol content by having you blow on a mouthpiece.

A third type of DWI test is the blood sample. This involves taking you back to the police station or a medical facility and removing blood from your system. From this blood, experts can determine whether your blood alcohol content was above the legal limit, which determines whether you were in violation of DWI laws. You do not have the right to refuse this test, and refusal to do so will result in as many as three different penalties.


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