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Can I refuse a test at the police station?


A: There are situations where you could refuse a test, but these situations are rare. If you already gave a sample that provided a valid result, you can refuse to take a second test. But if the officer suspects that you are under the influence of a drug or other substance, which breath tests cannot detect, then you can be required to take a second test. Lastly, if you have a physical disability that makes it impossible to take a test, you may be excused from the requirement, but it is up to you to tell the officer of your disability so that a different type of test can be arranged, if possible. Aside from these special circumstances, refusing to take a test can have severe consequences and is usually not the wisest course of action. Not only can your refusal be a damaging piece of evidence at trial, it will usually mean that your license will be revoked for a longer period of time and, in many States, it is also a separate crime. That being said, it is up to you to weigh the potential negative consequences of refusing against the possibility of a test result that registers above the legal limit.