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.
Does refusing a breathalyzer prevent a DUI charge?Criminal Defense Attorney Rory Munns2026-07-07T15:57:56-04:00