Should you refuse a breath test during the holidays?

Should you refuse a breath test during the holidays?

Driving after you’ve been drinking during the holidays is risky. Cops are out more than ever this time of year.  

  • Typically, you get pulled over for some traffic offense. Don’t argue with the cop. You have nothing to gain. Don’t admit to anything (i.e. drinking, driving, riding a reindeer, stealing all of the presents from Whoville).
  • Next, you’re going to be ordered out of your vehicle and asked to perform some police exercises (field sobriety tests). Remember, you don’t have to do these. If you do, you’ll probably fail, look drunk and give the cops more evidence.
  • Finally you’re going to be asked to give a breath or blood sample. It’s no refusal season so if you refuse a breath test, they will get a warrant and stick a needle in your arm. What to do:
    • If you are sure you haven’t had any alcohol or drugs, go for it. Give them a breath sample.  
    • If you aren’t sure if you’ve had alcohol or drugs: First, you should probably be more aware of what you consume. Second, just take a breath test. Breath tests can’t detect drugs, they don’t hurt, and juries typically don’t trust the results as much as blood.

Have a plan. If something does happen and you find yourself taking a sleigh ride to jail, shut your mouth! Remember the two Cs: Cry and Call Jay. It’s difficult to give a statement while you are crying.

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Jay Blass Cohen is a Criminal Defense / DWI Defense / Serious Injury lawyer at Blass Law. Jay continually gets excellent results for his clients by staying a step ahead. Jay is committed to fighting to the end for his clients, ensuring the best possible outcome. That's Jay. Commitment, knowledge, education, protection, and the Fight. Keeping Innocent People Innocent®