You will be asked to submit to a breathalyzer test when the FSTs are completed. If you do not consent, you will lose your drivers license. Certainly, your attorney can and will fight for your right to drive, but driving is considered a privilege and not a right. When deciding whether or not to blow, consider this. If you are convicted of a DUI, there is a good chance you will lose your right to drive. If you refuse to blow, there is a good chance you could lose your right to drive, but maybe you do not get convicted of an alcohol offense. If you refuse to blow, the police must seek a warrant to take blood from you. Understand, this is not a difficult thing for them to do to get a warrant at 2:00 in the morning, but it is one more thing you can do to protect your rights by not consenting. It is important to remember that your entire case does not come down to your blood alcohol content. That is certainly important evidence, but it is typically icing on the cake. The crucial evidence if you on video doing stupid human tricks on the side of the road and possibly acting belligerent to a police officer. Always assert your rights, but be polite and respectful. Understand that if you refuse to submit to chemical testing, you face stiffer penalties by the DMV and the court. It is a question of whether you want to limit the damage, or try to avoid all charges. That is something every person must decide for themselves. Either way, I will back you whatever you decide.
