Specifically when it comes to the breath test, if you know you are going to be below the legal limit then blow.
If you get to the point where he is asking you for a breath test then ninety-nine times out of a hundred you are going to be arrested.
So whether you say yes or no, it is not going to change the outcome right then and there.
So if you know that you are going to be arrested, and you typically are at that point, but you have a strong belief that you are going to come in below the legal limit based on the amount of alcohol you have had, then you really should probably go ahead and take the breath test.
Because if you pass it you are probably going to get let go.
It is not always that way but there is a much better chance.
Now I think most people who find themselves in this situation are not going to have that level of confidence.
They are not going to know if they are below the legal limit or not.
Most of us do not know what our limit is or the actual legal limit.
We don’t know how many beers, glasses of wine, or mixed drinks it’s gonna take us to get to .08 and there is a lot of different factors that play into that.
Things like how quickly you drank them, what your body weight is, what you had for dinner and the last time you ate.
So if you are in that gray area, which most people will find themselves, my advice to you is not to provide the breath test because you are giving them a piece of evidence that they can use against you.
Just about every time they are going to be able to use that piece of evidence in court because you are consenting to it.
When you refuse the breath test you put the officer in a position where he is going to have to go seek a warrant from a judge to draw your blood.
They almost always will, but if they do that, that puts a few more hurdles in their way they have to get over.
So for the typical person I am going to recommend that you do not comply and give a breath test because we want to have as many hurdles in the way later on down the line when we are defending your case because it is going to give us more opportunities to try and get favorable results for you.
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