The police pull you over and ask if you want to take a breathalyzer test. What do you do? This is a very complicated question. If you take the test and blow over the limit, then you have given the state a strong piece of evidence to convict you. If you don't take the test, in states like New York, the state tries to take your license for a year.
The best advice I can give is to not take the test. Without these test results, prosecutors will have a much harder time proving you were intoxicated. It has been my experience that prosecutors are more willing to give a better plea deal if they do not have the luxury of a test result. With that said, 90% of my client's take the breath test. It is very hard not to do as the police say. After all you are under arrest and in a police station surrounded by men with guns.
One of the best things to do is to ask to be taken to a hospital in order to have your blood drawn. This will do two things. First it will appear that you are cooperative and it will assure you a correct reading because of the sophisticated equipment used at hospitals. This really is a cover for the larger issues that breathalyzer's don't work. They simply spit out a number that has nothing to do with the behavior of the driver on the road. The best advice is not to have even one drink and drive. As soon as the cop smells that one drink on your breath you are halfway to the jailhouse.
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