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Should You Refuse The Brethalyser If Stopped For DUI - DWI?

posted August 26, 2008 - 10:18pm
Should You Refuse The Brethalyser If Stopped For DUI - DWI?

Should you refuse the breathalyser or "breathalyzer" test if you are stopped for DUI - DWI?
Here are some things to consider from a lay person who has some first hand knowledge.
Basically if you are sure that you will not fail you should go ahead and take the test although there is a slight chance the test could be flawed and you could fail even if you have just had one drink.
The reliability factor for DUI breathalyser equipment is very high and this should not be your primary worry.
If you refuse the breathalyser you are sure to be arrested.
If you have indeed been drinking more that you should have and for some reason "forgot" that drinking and driving is a very, very bad idea and are pulled over, and you know that you will fail, you should probably refuse the test.
While refusal is almost as good as automatically guilty you do have some slight hope that with a good attorney you can beat the charge. Otherwise you don't have a prayer.
With a good attorney, and supposing that it is your first offense you will most likely be able to get a conditional driving permit that enables you to drive to and from work during the period of your suspension (which can be six months or more).
Your first call once you arrive at the station should be to a trusted friend or family member that can arrange for a DUI attorney.
Finally, you should never drink and drive but if you have searched for and found this article you might have forgot that.
In the future, cabs are relatively cheap compared to the $5000 plus that this will cost you.



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