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Should I refuse to take a breath test when accused of a DUI?

On Behalf of | Feb 23, 2016 | Drunk Driving Charges |

One of the key pieces of evidence for the police when they accuse someone of driving under the influence of alcohol is the breath test. A blood test is also a very strong piece of evidence, but essentially they both amount to one thing: a scientific piece of evidence that shows how intoxicated the accused person was when they were arrested under the suspicion of DUI.

This isn’t to say that breath tests or blood tests are flawless by any means. Both tests can be botched, and neither is immune to discrepancies. But, for the most part, these tests are seen as major pieces of evidence fr the prosecution. So, with that in mind, it would follow that someone who is pulled over the police on the suspicion of driving under the influence should just refuse to accept the breath test, right?

Wrong. Refusing a breath test is never the right strategy. For one, implied consent laws apply across the country. What that means is that if you have a driver’s license, then you inherently consent to a breath test if the police ask you to take one.

Even if you refuse the breath test, you will be subject to harsh punishment almost immediately. Your license will be revoked and you will still be arrested. The police can still get a BAC reading by other means. And, in the end, the prosecution could (and likely would) use your refusal against you in court.

Don’t refuse a breath test. Consult with an attorney after you have been accused of a DUI and build your case from there.

Source: FindLaw, “Can I Refuse a Breathalyzer Test?,” Accessed Feb. 23, 2016