– from Patrick G. in Newburg, WI
I was pulled over and cited for drunk driving while driving home from Milwaukee near the US Cellular Arena, and I refused to submit a breath test until I was at the police station. I’ve heard it is better to wait to give a test, and that blood tests are more accurate. My concern is refusing to take the blood test will make things harder for me, is this true?
Criminal Defense Attorney Response:
This is a great questions and DUI lawyers have for years argued over which is better for clients.
You have the right to refuse the breath test on the scene, but if you had “one for the road” and a forced blood draw must occur at the station it is likely your blood test results will be higher.
The problem with breath testers is they are inaccurate and if your test is inaccurate you are arrested. However waiting can be bad as well as alcohol will sit in your stomach until absorbed.
Normally if an individual has been drinking and drives shortly after having a drink their BAC level will rise.
We advise cooperation with the police as this can be used for reduced sentencing.
Jeff Hughes, J.D.