What Are the Advantages to Refusing the Breathalyzer or Field Tests? From the perspective of someone facing an operating under the influence charge, the immediate penalty for refusing to consent to field sobriety tests or a breathalyzer is harsher than the immediate penalty for taking said tests and ultimately failing, but the long-term penalty for failing the tests can be much more severe, so there is absolutely an advantage to refusing. As long as a defendant can stand to lose their license for a period of time, refusing to consent to the field tests or breathalyzer is almost always the smart move. While there will be a longer license loss upfront, there is a much higher chance that the criminal case will ultimately be resolved favorably compared to if a defendant had consented to the field, breath, or blood tests.

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Nate Amendola
Massachusetts criminal defense attorney, helping resolve OUI, domestic violence, drug and criminal charges