Should I take the breath test?
Mr. Taylor gives advice as to whether a person should or should not take the breath test. Unless a person believes they are well over 0.08 percent blood alcohol, they should take the breath test because there are severe consequences for refusing to take a breath or blood test. Should a person believe they are under 0.08 percent blood alcohol, then they should take the blood test instead of the breath test because it is more accurate.
Unless you think you might be well over a point zero eight percent blood alcohol, that is you’ve had five or six drinks, I would recommend that you do take the breath test. The main reason for that is that the consequences of refusing to take a test, breath or blood, are pretty severe. They increase the criminal penalty against you, the jail sentence is going to be longer, the license suspension is going to be considerably longer and so I would suggest the breath test. It is easier for your defense attorney to attack if it comes in high. Now if you think you are under a .08 blood alcohol, let’s say you’ve had two possibly three drinks, I would suggest taking the blood test. Simply it’s more accurate than the breath test.