This article should be taken with a grain of salt - driving under the influence laws are very different from state to state.
For example, the laws of the State of Washington are much different than the State of Kansas.
So, if you are curious about the criminal laws in your particular state, or have been arrested for DUI, please contact an attorney for help with your specific legal problems.
This information is a general overview only, and to decide what to do in your own case you should contact an attorney.
One of the great things about living in the United States of America is that we have choices.
There is very little that we are required to do absolutely.
And while many of our choices have consequences, we are still benefited with the free will to do as we please.
This holds true for driving under the influence, and the resulting investigation, as well.
What I mean is, we are allowed to drink as much as we want, and after that, if we want, we can drive wherever we want.
If we are stopped by the police, get in an accident, or anything else, we must pay the consequences.
There are several choices you will face from the moment you are pulled over and investigated for DUI, including whether or not to talk to the officer, whether or not to take field sobriety tests, whether or not to take a preliminary breath test, whether or not to request an attorney, and whether or not take the breathalyzer test.
Each of these decisions can have a tremendous effect on the resulting DUI investigation and prosecution.
Although a decision one way or the other probably won't change whether or not you are arrested or not that night, it can have a profound effect on your case going forward, most notably the evidence the state has to work with in its case against you.
Because this article focuses solely on the breath test (formerly the Breathalyzer machine, now the DataMaster, though it is still often referred to as the Breathalyzer), we are going to discuss it specifically, and even more pointed whether you should take the test or not.
Before we begin with that analysis, it is important to know the consequences associated with each of your possible decisions (taking the test or not taking the test).
If you decide to take the test and blow a breath alcohol reading of .
08 or above, your driver's license will automatically be suspended for 90 days (if it is your first breath test failure - the penalties increase with each DUI) and you will have to carry high risk car insurance, called SR-22 insurance.
If you refuse to take the test, your license is automatically revoked for one year, and you have to purchase the SR-22 insurance.
The really is no difference between a suspension and revocation; a suspension is losing your license for less than a year, a revocation is losing your license for one year or longer.
With this minimal amount of information, it should be clear what you should do, right? Take the test, get the lower driver's license suspension, and move on from there.
But, a couple of things make this decision much more difficult.
First, the state having the blood alcohol test is extremely strong evidence against you.
If you refuse your refusal can be used against you (but there are any number of reasons that could explain that away) in court, but it is probably not nearly as damaging as a "scientific" test showing you were over the legal limit to drive.
And second, the license revocation isn't nearly as strong as it once was.
For example, in Washington State in 2009, a new law went into effect that allows anyone who has lost their driving privileges because of DUI to apply for an interlock ignition device immediately.
This means you could be driving very soon after your driving privileges are taken away in either scenario.
So, to take the test or not is up to you.
And again, I'd recommend speaking with an experienced DUI attorney before you decide what to do.
And don't forget the last, and probably best alternative - don't drink and drive.