There are some situations where refusal is worth considering, but rarely correct: X Research source
X Research source If there are any other signs of intoxication, you could be charged with DUI anyway in addition to those penalties. Refusal to use the breathalyzer may lead to harsher penalties than a first-time DUI offense. state has 'implied consent' laws, which makes BAC testing mandatory for everyone with a driver's license. Make an informed choice about taking the breath test.