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Do I have to submit to a Breathalyzer test?

Posted on in OWI

If a police officer pulls you over or suspects you've been driving while intoxicated by alcohol, the officer will request that you take a Breathalyzer test as a part of a larger drunk driving investigation that also includes a field sobriety test. The officer will ask you to do the Breathalyzer test by telling you to blow into a tube. A machine will then analyze the alcohol content of your breath to estimate your state of intoxication.

Breathalyzer tests are known to be plagued by inaccuracies, however, and many drivers don't trust them. This prompts a lot of people to refuse a Breathalyzer test out of the fear that false or inaccurate evidence from the test could later be used against them in court. Fortunately, there are several situations in which a driver can legally refuse to submit to a Breathalyzer test.

If the officer has yet to establish any kind of drunk driving evidence against you, and the officer is merely asking you to perform a Breathalyzer test as a way of fishing for evidence, you may have the legal right to refuse the test in some cases. However, in other cases, refusing a breath test can result in serious criminal consequences and even the suspension of your drivers' license.

Before refusing an officer's request to perform a Breathalyzer test, you might want to have a criminal defense attorney on speed dial, so you can call him or her to ascertain your best course of action given the facts and circumstances surrounding your situation.

If you believe that you've been accused of drunk driving inappropriately, you may want to organize a well-planned and strategic criminal defense to fight the charges in court.

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