The best defense against a DWI arrest is to never drink and drive in
the first place. If you feel you’ve had one too many, be responsible and
don’t drive yourself home. Instead, designate a driver if you’re with a
group. If you’re alone, call a cab or an Uber car, or call and ask a
friend to drive you home.
Then again, assuming you are pulled
over by law enforcement officers on suspicion of DWI, you may find
yourself in a situation where you are asked to blow into a Breathalyzer
machine. The question is, should you? The answer, unfortunately, is not
as simple as it may seem.
If you are sure that you are well
under the legal blood alcohol content (BAC) limit, then it might be
advisable to blow and complete the tests. The officer will be inclined
to simply acknowledge that you’re not impaired and advise you to drive
more safely.
On the other hand, if you believe you may not pass
the Breathalyzer test at the roadside, then the best move may be to
simply refuse to do it. You will likely be arrested and taken to the
station, but the time it takes to process your records may give your
body enough time to metabolize the alcohol in your system as well. By
the time you need to give evidential specimen for testing, your BAC may
well have gone down below the .08 minimum legal threshold. However, be
aware that refusing a breath test at the station could result in losing
your license for a full year.
It is important to keep in mind
that you may still be arrested for DWI if your BAC is below a .08.Many
jurisdictions give officers discretion in borderline cases where there
are extenuating circumstances such as speeding or driving recklessly.
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