For the last 20+ years, when my phone rings in the middle of the night, these are the most common questions I get asked by clients who have been arrested for drunk driving:
“Should I refuse the breath or blood test?”
“Will it affect my license reinstatement?”
There is no quick or easy answer to this question. If a driver refuses the roadside, preliminary test offered by the police officer (called a Preliminary Breath Test, or PBT), the consequence is typically a civil infraction and fine. However, if a driver refuses the “official” breath test at the police station (called a DataMaster Test), the consequence is typically an “Implied Consent Violation” which can result in a 1-year license suspension. The same holds true for a Blood Test; a refusal can trigger a lengthy license suspension. Read more.
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