I can not count how many times I have been asked by friends and clients "If I get pulled over...and If I have had a drink....Should I blow?" My answer to this question has always been the same. NO!! Why you ask.
First, I believe that by the time the officer has made the decision to ask you to submit to a PBT (portable breath test) he has already made up his mind that you are intoxicated. It is extremely rare that an officer allow someone to leave a stop after a PBT has been given.
Next, at trial, the state must show that either your blood alcohol was over a .08 while you were operating a motor vehicle OR that you did not have normal control of your mental or physical faculties while operating a motor vehicle. So, if the operator does not submit to the PBT the State or County will have no way of proving that the blood alcohol content of the driver was over .08. Thus, in order to be convicted of the charged DWI the State or County will have to prove beyond a reasonable doubt that the driver was operating a motor vehicle without the normal use of his mental or physical faculties.
Finally, I just don't trust the test!! Call me crazy but if I were on trial for the offense of DWI, I would rather the jury judge me and my actions rather than the veracity of a man made machine, which is being operated by someone who has a minimal training on the machine at best.
Remember, refusal to blow will almost certainly result in a license suspension, irregardless of the final outcome of the trial.
In closing, it is better to err on the side of caution. If you have had a drink...Call a friend. They will thank you for it!
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