Can I refuse a breathalyzer test?

How the answer differs across 5 jurisdictions

CanadaFull article
The Short Answer

No, you cannot legally refuse a breathalyzer test at a roadside stop in Canada — it is a criminal offence under the Criminal Code, punishable by mandatory minimum penalties including fines and jail time.

Criminal offenc
Legal status
Up to 10 years
Max jail time
$2,000 min fine
First offence
1-year licence
Min suspension
IrelandFull article
The Short Answer

Yes, it is a criminal offence in Ireland to refuse or fail to provide a breath specimen when lawfully required by a garda.

€5,000
Maximum fine
12 months
Max imprisonment
4 penalty point
Automatic penalty points
2 years
Driving ban (min)
UKFull article
The Short Answer

Refusing a breathalyser test without reasonable excuse is a criminal offence in the UK, punishable by a mandatory driving ban, fine, and possible imprisonment.

12 months
Minimum ban
£5,000
Max fine
6 months
Max custody
10 penalty poin
On conviction
US-CaliforniaFull article
The Short Answer

No, you generally cannot refuse a breathalyzer test during a DUI stop in California without serious consequences. By driving, you've given 'implied consent' to chemical testing if lawfully arrested for DUI.

1 year
First refusal license suspension
2 years
Second refusal suspension
$125
Hearing fee
48 hours
Jail for first refusal
US-New YorkFull article
The Short Answer

No, you cannot legally refuse a breathalyzer test during a traffic stop in New York without serious consequences — refusal triggers automatic license suspension and may be used as evidence of guilt.

1 year
License suspension for 1st refusal
$500
Fine for 1st refusal
2 years
License revocation for 2nd refusal
Implied consent
Legal basis

Read Full Articles

CanadaCan I refuse a breathalyzer test at a roadside stop?IrelandIs it an offence to refuse a breath test?UKI refused a breathalyser test. What happens?US-CaliforniaCan I refuse a breathalyzer test during a DUI stop in California?US-New YorkCan I refuse a breathalyzer test during a traffic stop in New York?

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.