To Take A Breath Test Or Not, That Is The Question

Stephen R. Glazer

When suspected for DUI, many clients want to know whether to take a breath test. While every jurisdiction has different laws and culture surrounding breath tests, there are some specific suggestions we can offer it you are arrested for a DUI in Flagstaff, Arizona.

First, if asked to complete any field sobriety test at the side of the road, including a portable breath test, refuse to complete the test.  The police are only attempting to gather evidence against you.  If you refuse to take these roadside tests, the fact that you did not take any tests can be used against you, but if you are impaired in the slightest, it is still better to refuse.

If you are arrested for a DUI and then transported to the police station, do not take the breath test unless you are certain you do not have alcohol in your system. The reason?  If you take the breath test and your B.A.C. (breath alcohol concentration) is above .08, you will lose your driver license for ninety (90) days.  However, if you refuse to take the breath test at the police station, you will lose your driver license for one (1) year.  Furthermore, the local culture of the Flagstaff Police Department is to obtain a warrant to draw your blood if you refuse the breath test.  Assuming the police have probable cause, they will nevertheless obtain your B.A.C.

Remember, always refuse all field sobriety tests, including a portable breath test.  When at the police station, at least for Flagstaff DUI’s, take the test.

Glazer, Hammond, Ruben & Smets, PLLC

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