The DUI Guy  ~  Passionate about DUI Defense.  That's all he does.
FAQ (For Defendants)
Chuck Strain's Office:
4030 Mt. Carmel-Tobasco Rd. #103
Cincinnati, Ohio 45255-3454 USA

 24-Hour Phone 513-621-2889

Fax 513-828-6652

www.DUIguy.us
DUIguy1@yahoo.com

REFUSE BREATH TEST?

QUESTION:

If I'm arrested for DUI, should I take the breath test?

ANSWER:

The short answer is that it depends.  The best thing to do is phone me for immediate advice if you're ever in that unfortunate position.

Some lawyers simplistically recite that you should always refuse a breath test.  But a refusal practically guarantees that the irritated officer will exaggerate negatives in his report, that you'll actually be charged with a DUI (perhaps a more serious one), that it will be much harder to get driving privileges sooner, that you will have less charitable plea bargain offers from the prosecutor, and that your sentence will be harsher if a DUI conviction results.

Whether you should refuse depends on many factors, such as the facts surrounding your arrest, whether and when you've had prior offenses, how much you've had to drink, and the jurisdiction you're in.  I often advise prospective clients over the phone in the middle of the night.  It usually takes over a half hour to discuss the particularized details leading to my ultimate advice.

I've often advised my clients at the police station to refuse the test.  But over the years, I've advised many of them to take the test when that's appropriate.  Some of those who take the test walk out of the police station with only a speeding ticket.  They're delighted not to have to face a DUI and not to have to pay a lawyer.  Maybe that's why some lawyers always advise you to refuse.
 
In addition to the breath test advice, I usually advise clients at the police station to get their own blood test immediately upon release.  And I advise clients to be polite, but not to answer questions or make statements.