If you want the best chance of defending your DWI case, you need to know if taking your breath test or avoiding it is the right choice. In the majority of cases, taking the test is the best option, since failing to do so results in an immediate one-year loss of your license.
However, there are cases when you might want to avoid taking a breath test. Although rare, if you are sure that you're over the aggravated DWI limit, then it may be in your best interests to avoid taking the breath test. All the test will do is verify that you're over the aggravated DUI limit, which makes your penalties harsher.
Keep in mind that you will still lose your license if you refuse to take the breath test, even if you do so to try to prevent further charges or harsher penalties. That's where your attorney can become a significant help. If you decide that you will refuse the breath test, make sure you reach out to your attorney as soon as you can. Your attorney will begin looking into other aspects of the case, such as the reason you were pulled over, to see if they can help you get the charges against you eliminated or reduced.
Even if it can't be eliminated, your attorney's job is to make sure you face only the penalties that are fair. Before you go through with a police interview, make sure you have spoken with your attorney or that they are present to help protect your reputation and best interests moving forward. For more information, please continue browsing our site or contact our office directly.