You had a fun time with your buddies and it’s time to call it a night. You’ve had a couple of beers but you don’t feel drunk by any means, and certainly ok to drive. Next thing you know, you’re getting pulled over on the drive home. The officer suspects drunk driving and wants to give you a breathalyzer.
Yikes!
First of all – don’t drink and drive so you never have to answer this question. But if you do happen to find yourself in these dire circumstances, here’s something to consider:
If you refuse the breathalyzer, there will be no determination of your blood alcohol level and the Prosecutor may have a harder time proving you were driving under the influence of alcohol. However, refusing the breathalyzer will result in a separate charge of Refusal, which carries a 1 year suspension of your license. Taking the breathalyzer will likely increase the odds of your being convicted of the DUI, but you will be eligible for a restricted license that will allow you to drive certain places!
Keep a breathalyzer in your car and test yourself before you hit the road. Many times we feel ok to drive, but we are actually considered drunk according to the law. With readily available resources like Uber and Lift, you have little excuse to explain away a DUI.