Many of our clients accused of OVI/DUIs claim that they "refused" the breath ("BAC") test when they were arrested. They tell us that they "have read" that you should always refuse the "test." However, what they don't seem to know (until at least we tell them) is that the BAC test is only ONE of the tests that the officers use to gather evidence of impairment. The roadside tests they administer are also very incriminating pieces of evidence that a trained police officer uses against a DUI/DWO arrestee. What your eyes look like, what you say, how you say it, how you smell, how you look, and how you reach and grab for things inside of the car are valuable pieces of information that a trained police officer uses (and notes in his report) to investigate his/her belief that you might be impaired. Further, the "field sobriety tests" (called "FSTs") give the officer even more valuable info. The follow-the-finger/pen-with-your-eyeballs test (called the "HGN test"), the walk-and-turn test and the one-leg stand test are well recognized and respected tests (if done correctly by the police officer) of impairment. So if you have made the hard decision to "refuse" sobriety tests, remember that a trained officer is immediately looking for ALL evidence of impairment - including but not limited to the BAC test.
Please don't drink and drive - and if you do get pulled over, get good advice from an experienced DUI/DWI lawyer. Call us at 800-529-1966 24/7.