Do I have the right to refuse a preliminary breath test if I am pulled over for DUI?

Do I have the right to refuse a preliminary breath test if I am pulled over for DUI?

Neil Shouse (Defense Attorney) gives expert video advice on: Can the police use my statements during a DUI arrest as evidence in court?; What are three nationally standardized DUI field sobriety test?; Are DUI field sobriety tests accurate and reliable? and more...

You do have the right to refuse a preliminary breath test. It is optional and oftentimes the police will fail to inform you that it's optional and simply say: "Here, blow in this", and the person doesn't know any better, and normally the person would refuse if they knew that they could. But they don't know. It is optional and I generally advise people if you have been drinking and you get pulled over, not to take the preliminary breath test, because more often than not it tends to hurt your case, and it is a much less reliable breath test than the one that you would take later at the police station. For those reasons I advise you to exercise your right not to take it.