Do I have to take the breath test (often referred to as the Datamaster test)?

You may decline the breath test once it is offered to you by the arresting officer. A declination of the breath test will result in what is described as an administrative suspension of your license for a period of six months. You may appeal this suspension without regard to your driving under the influence charge. In other words the administrative suspension would be appealed in a different manner and heard by a hearing officer, not a jury and the issue of whether you were impaired or not does not affect the administrative hearing. The administrative hearing officer would only hear relevant testimony concerning whether there was probable cause for your arrest, whether the breathalyzer or the data master machine (the machine that measures your breath alcohol) was working properly, whether you were offered the data master and whether the officer was competent to administer the test. It is important to note that once you refuse the data master, you have thirty days within which to request a hearing to review the administrative suspension of your license due to failure to take the datamaster test.