DUI Q&A Series - DUI Breath Tests - Should I Refuse or Take It?

Individual getting pulled over by a police officer for a DUI. He is taking a breath test.


Do you take a breath test when under suspicion of driving drunk? Attorney Jonathan Dichter of DUIHeroes says that there is not a single right answer to this question. There are many factors that could affect the outcome of your case or your night... Short answer, you should always ask to speak with your lawyer before answering questions. It's your right to consult with an attorney before being interrogated or questioned by a police offer. Don't be afraid to flex that right!


One of the most frequent questions I'm asked by friends and family and prospective clients is whether or not you should take a breath test if you've been arrested under investigation of DUI.

There's no one right answer and it's complex.

It depends.

It depends on the individual.

How do you look and seem to the officer?

Are you on probation?

Do you have prior offenses?

Do you have a commercial driver's license or a pilot's license?

Every situation is different, and therefore, there is no one right answer.

But I can say without a doubt the piece of advice I give to everyone in this situation is as soon as the officer asks you if you've been drinking, you should ask to speak to a lawyer and don't stop asking until you're able to talk to one.

In fact, if you've had anything to drink or consumed any illegal drugs in the last 12 to 24 hours and you're stopped while driving a motor vehicle, and an officer asks you about your usage of substances, you should start asking right at that point.

You have the right to consult with a lawyer before answering important questions and before being interrogated.

You have the right to talk to them before you decide to take a breath test.

So should you take a breath test?

That lawyer will be able to determine that with you.

They'll be able to talk, hear you, assess your individual situation and give you the right advice for you.

So the best advice, should you take a breath test?

Ask a lawyer.

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