DUI breath machine decisions: To blow or not to blow
by
Mitchell Sexner on Apr. 25, 2016
Criminal DUI-DWI Criminal Felony Criminal Misdemeanor
Summary: DUI breath test decision making
At one time or the other, almost everyone has asked the age old question: If you're arrested for a DUI, should you blow into the breath machine or not? Usually this is a question asked in a bar or after a few drinks, but regardless, it's a question that's been asked many times before.
The answer however, is somewhat complex and convoluted. And worst of all, there's not really one right answer. It mostly depends upon your particular circumstances. For instance, if you believe that you are going to blow in excess of the legal limit in Illinois, then refusing the breath test will greatly increase your chances of winning at trial.
On the other hand, when you refuse the breath test, your statutory summary suspension (which is the license suspension period that you suffer when you either refuse to blow or blow too high) will be longer than it would have been if you had taken the test and blown too high.
It's always best to sit down with an experienced DUI attorney and allow them to carefully examine the particular circumstances of your arrest. Only then will you learn whether the choice you made was the best choice under the circumstances.
The answer however, is somewhat complex and convoluted. And worst of all, there's not really one right answer. It mostly depends upon your particular circumstances. For instance, if you believe that you are going to blow in excess of the legal limit in Illinois, then refusing the breath test will greatly increase your chances of winning at trial.
On the other hand, when you refuse the breath test, your statutory summary suspension (which is the license suspension period that you suffer when you either refuse to blow or blow too high) will be longer than it would have been if you had taken the test and blown too high.
It's always best to sit down with an experienced DUI attorney and allow them to carefully examine the particular circumstances of your arrest. Only then will you learn whether the choice you made was the best choice under the circumstances.
