When should you refuse the breath test? This is a very difficult decision. There is no universal answer applicable to all persons. When a person provides a breath test and is over the legal limit, they are going to have their driver’s license suspended. The length of the suspension depends upon whether this is a first, second or multiple offenses. A person may be eligible to obtain a work permit prior to the end of the suspension. If a person refuses to provide a breath sample, however, the length of the suspension is going to be much longer. Any person who is employed or needs to travel by vehicle for any reasons is going to have to make the difficult decision. You do have the right to consult with an attorney prior to making this decision at the police station. If you request to talk to an attorney prior to providing a breath sample, the officer has to honor your request, otherwise your license cannot be suspended and they cannot use the breath test, or lack thereof, against you in court.