317) Should I take a Breath Test or Refuse the Breathalyzer? #HaberPA Criminal Defense DUI Lawyer
Channel: Michael Haber
Date: 20/05/2019

Thanks for asking me “Should I take a Breath Test or Refuse the Breathalyzer?”

To blow or not to blow... that is the question... and it’s also the title of one of #HaberPA’s earliest VideoFAQ’s - # 6 to be exact).

Unfortunately I STILL can’t tell you what you should do.  What I can do - all that I can do - is to arm you with information and then hope that you’ll make the right choice.

That said here’s the scoop: You’re likely damned if you do and you’re also likely damned if you don’t.  If you refuse then you face a boatload of negative consequences, but there’s also a big plus, and it is that in your case there’ll be no tangible proof of an over-the-limit-reading.  On the other hand, if you comply then 1 of 3 things will happen: Either A) you’re gonna blow over, in which case a computer printout of your BAC will be generated and if you go to trial then your jury will have it; or B) your gonna blow under, in which case not only can you still be arrested but the cops can switch gears, effectively move the goal posts on you and ask for a urine sample; or C) you’ll have a low breath sample which will be interpreted as a refusal.

If you blow then you can always challenge the breath results in court and if you refuse then you can always offer an explanation for your refusal in court and seek to rebut the imminent presumption of impairment and consciousness of guilt arguments (for instance you might testify that you didn’t trust either the police or the machine - or both - or that a lawyer once told you never to blow under any circumstances).   

In the end the best choice is not to be in a position where a cop would ever ask you to blow in the first place... Don’t drink and drive.

Thank you for your question, I appreciate your having asked it and I invite you to ask me more.  Remember, at #HaberPA it’s all about reasonable doubt!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone:  305-381-8686
Toll Free Phone:  1-888-SHARK-8-1
Cellular Phone / Text:  305-798-2220
http://www.criminallaw.miami 
E-Mail:  Sharky910@aol.com / MAH@HaberPA.com
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Twitter:  @Sharky910
Blog:  http://habercriminallaw.blogspot.com/

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