---
title: "Does refusing a breathalyzer prevent a DUI charge?"
description: "No. Refusing the test does not stop the state from charging you with DUI. An officer can still build a case using field sobriety tests, dashcam video, observations, and other evidence. A DUI charge..."
url: https://duiattorneyrhodeisland.com/faq-items/does-refusing-a-breathalyzer-prevent-a-dui-charge/
date: 2026-06-19
modified: 2026-06-19
author: "Criminal Defense Attorney Rory Munns"
type: faq
lang: en
---

# Does refusing a breathalyzer prevent a DUI charge?

No. Refusing the test does not stop the state from charging you with DUI. An officer can still build a case using field sobriety tests, dashcam video, observations, and other evidence. A DUI charge is separate from the refusal charge, meaning you can face both sets of penalties at the same time.