A breath test measures your blood alcohol concentration. For most drivers, the legal limit has already been set at 0.08%. Anyone who meets or exceeds this level can be presumed to be impaired. Even someone under this level could be impaired, but more evidence may be necessary.
As such, if the police pull you over on suspicion of drunk driving, they may ask if you are willing to submit to a breath test. Many people believe they have no choice, but you can refuse to take the breath test. The important thing to note is that there are still going to be ramifications because you will have violated implied consent laws.
What is implied consent?
Implied consent laws essentially state that anyone who operates their vehicle on public roads gives their consent to the authorities to take a breath test. If a police officer has reasonable suspicion for a DUI stop and believes a driver may be impaired, that person has already agreed that they will submit to the test. Even if the person is unaware of it, this consent is implied simply by virtue of driving their vehicle.
If that person then refuses to take a breath test, their refusal is a violation of the implied consent laws, so they will still receive a 12-month license suspension. This is true whether or not the person is impaired. Even a completely sober driver who refuses the test would be in violation of implied consent laws.
It is important for you to understand exactly what legal options you have if you are facing DUI charges or any other criminal allegations.