You may request a breath test at a police station if you are stopped or arrested for suspicion of driving under the influence, but you are not legally required to take it in most states[3][4]. Police cannot force you to take either a field sobriety test or a breath test (including one at the station), and in many jurisdictions, your refusal to take the test cannot be used as evidence against you in court[3][4].
However, refusing a breath test at the police station typically carries administrative consequences such as license suspension, and these penalties can be more severe than if you had taken and failed the test[5]. For example, in Maryland, refusing a breathalyzer test at the station can result in a suspension of your driver’s license for 270 days or even longer for repeat offenses[5]. While you can choose to take or refuse the test, the refusal does not prevent arrest or prosecution; it mainly affects the evidence available to the prosecution[4].
In summary, you can request and are often given the opportunity to take a breath test at a police station, but taking it is not legally mandatory in most states, although refusal carries administrative penalties[3][5].
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