After getting pulled over for suspicion of driving under the influence (DUI) of drugs or alcohol, there is a slim chance that you won’t be told
to take a breath test. Roadside breathalyzer tests are one of the few
ways police can start gathering evidence against you then and there, as
the little device will produce a blood alcohol content (BAC) level report
on the spot. The question becomes, “Should you submit to a breath
test or refuse it?”
Why You Should Probably Refuse Breath Tests
Before you instantly refuse to take any breathalyzer test curbside, ask
in clear language whether or not the test is mandatory. If the officer
says it is not mandatory, it means you can refuse it without immediate
legal and administrative consequences. If the officer says it
is mandatory, refusal could result in the instant suspension of your driver’s
license, sober or not. Furthermore, mandatory breath tests conducted as
a field sobriety test are incredibly rare; if you are told it is mandatory
but it shouldn’t have been, any evidence collected afterwards might
If you are free to refuse the breath test, you should in nearly all situations.
The only thing a breath test does is hand evidence straight to the police.
No matter what the result says, it is going to the prosecution and they
are going to spin it to make you look guilty, i.e. intoxicated to the
point where driving is dangerous. Remember that you can get a DUI even
if you don’t hit the legal limit of 0.08% for adult motorists. If
you were clearly sober, the officer probably wouldn’t have asked
you to take the test, either.
In so many words, breathalyzer tests conducted roadside are only there
to get you in cuffs, brought to the station, and burdened with criminal
charges. However, you should also know that breath tests conducted at
police stations are considered chemical tests. Refusing a
chemical or blood test
will result in your license’s administrative suspension.
For more information about your rights when stopped by the police, call
480.418.0776 to speak to Naegle & Crider PLC. Our Mesa DUI lawyer has a long list
case successes and always keeps our clients’ best interests in the center of every case.
Contact us today.