Will I Go to Jail for Failing the Breathalyzer Test?

If you are pulled over on suspicion of a DUI, the officer will ask you to submit to a chemical test to see if you’re intoxicated. This can be in the form of a blood or breath test. So, are you wondering if you may go to jail for failing the roadside breathalyzer test by police?

Will I Go to Jail for Failing the Breathalyzer Test?

In short, yes, there is typically a period of jail-time involved if you fail or refuse the chemical test. At this point, law enforcement knows you are impaired and wants to make sure you are sober before releasing you.

Every jurisdiction has different laws regarding chemical test fails or refusals, so the amount of time you are in jail varies. Typically, this can range from a few hours to a couple of days.

Once the jail period ends, however, below are a couple of typical options that can occur. Keep in mind that each jurisdiction varies with these options as well, but this is a general idea of what to expect.

1. Bail
   Bail may be preset, or you may be required to go before a magistrate to set your bail. You must follow the bail guidelines as directed to you by the court. Bail allows you to be released from jail and is intended to ensure you appear for trial and all required pre-trial hearings.
2. Released on own recognizance
   You may be released on your own recognizance without posting bail. This option means you are promising the court that you will come back to attend any court appearance such as your hearing because of your DUI arrest.

Whichever the case, you will have assistance along the way to walk you through the next steps of your DUI case. Your court will provide you paperwork or verbal instructions on what to do.

Ignition Interlock Requirement

If you fail or refuse your chemical test, you may need to install an Ignition Interlock upon arrest or conviction. If you do need an Interlock, make sure to set up an installation appointment with Smart Start and get back on the road right away. With an Ignition Interlock, you may be able to drive again with restricted privileges, allowing you to get to work or school.

Install an Ignition Interlock Now

Schedule your Ignition Interlock appointment today by calling (800) 831-3299 or by filling out our online form.