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Weigh your options regarding breath test refusal

We recently discussed the penalties that you face if you refuse to take a breath test during a traffic stop for suspicion of drunk driving. These penalties are serious, but they are the reality that you face if you don't take the breath test. This does bring up an important point.

You do have the right to refuse the breath test; however, you might find that the penalties aren't worth the refusal. If you do refuse the breath test, there is a good chance that the law enforcement officer might be able to get a warrant to obtain the sample. This means that even though you refused, your blood alcohol concentration (BAC) percentage will likely be able to be determined anyway.

If you do allow your breath test to proceed, there are still some options that you might have for a defense. We could use factors like how the sample was obtained, how it was processed, the training of the people who handled it, the way the chain of custody was handled and similar points to call the sample's results into question. There is also the possibility of using the metabolism rate of the alcohol into question.

We know that you might be unsure of what options you have at this point. We are here to help you learn about what you can do and how you can handle this situation. It is important that you explore all of the options that you have. You wouldn't want to miss a key component of your defense, so be sure to give yourself enough time to consider all of the options.

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