Pulled Over Suspected of DWI, Should You Blow?
When you’re pulled over late in the evening, or early hours of the morning, the officer may suspect you were drinking. It’s in these hours of the day, that small deviations in regular driving can lead officers to suspect individuals of driving while intoxicated.
In this article, I am discussing in a general manner, when you are being investigated for DWI, whether or not you should blow into the chemical test at the police station. This advice is general advice that may change based on the unique facts of each case, so contact an attorney before deciding whether or not to blow. I can be reached 24/7 at 1-800-DWI-1100.
In most DWI investigations, there are 2 distinct breath tests. The first of which is offered on the roadside and is called the “preliminary breath test” or “PBT”. The second breath test, generally administered at the police station, is known as the “chemical test”.
As mentioned above, the roadside test of your breath is called the “preliminary breath test” or “PBT” and is a preliminary test of your breath for the presence of alcohol. The PBT is a smaller unit which lacks the safeguards of the larger chemical test. Refusing to comply with this test alone will not cause the suspension of your driver’s license. The PBT is one many methods by which the officer establishes probable cause to arrest you. As such, a positive PBT result is evidence that will bring the officer closer to arresting you, so it may not be in your best interest to comply with it but refusing to comply with the administration of this test can cause you to be charged with a traffic violation (a guilty plea to this violation will usually result in a fine).
The Chemical Test
By contrast, the second breath test known as the “chemical test” is generally administered at the police station. Refusing to blow into this test will generally cause a one year “refusal” suspension of your driver’s license.
So generally speaking, unless you’ve had a series of DWI arrest, or you’ve injured or killed someone, it best to blow into the chemical breath test device.
Lastly, and most importantly, if you’re being investigated for a DWI, ask to call an attorney before deciding whether to blow or not. This article is meant to provide you with some knowledge and general guidelines but should not replace the sound advice of a good attorney who has been told the circumstances of your specific case.
Please remember you can call me 24/7 at 1-800-DWI-1100.