It is hard to tell when you should take the breathalyzer, and when you shouldn't take the breathalyzer. There are many important factors that you have to take into consideration before making this choice. I am not a lawyer and I am only giving advice based on what I have heard from other people.

This topic is often debated and is not easy to answer. The simplest answer to this question is that sometimes you should and sometimes you shouldn't. It all depends on how intoxicated you are, and how badly you need to drive.

Since driving is considered a privilege and not a right, they now say that just by driving a car that you should subject to a breathalyzer. Almost all states will take away your license for 3 months if you refuse a breathalyzer, but in rare circumstances they will take it away for up to a year. Still, this is not always as bad as it could be. If you are not someone that drives a lot anyways, and they have no other evidence against you, this could be a lot better than taking the test if you are going to fail it. I mean, they were gonna take your license away anyways probably, so who cares? A DUI Attorney can defend you a lot better if you did not take the breathalyzer, and you will probably get your license taken away for not taking the test, but you won't get a DUI.

A .08 BAC is about 3-4 drinks in one hour. If you think you are under .08, do not refuse the test just because you hate cops. Even if you had 5-6 drinks, you should probably still take the test. If you just barely fail the breathalyzer, there is a possibility that your DUI Attorney could help you reduce your charges. There is no reason not to take the test if you did not drink. I know it sounds silly, but there are some people out there that would not take the test just to spite them. They don't realize that they will get their license taken away even if there is no evidence against them having a DUI. Just refusing a breathalyzer is enough reason to suspend it for a few months.

If you are very drunk then chances are that you are going to get arrested anyways, and you might as well refuse the test, because it is only going to make you look worse. If you are someone that doesn't need to drive and only drives once in a while, it might be better to refuse the test so that you won't have to deal with the pain of having a DUI and going to alcohol counseling. If you did not drink, if you only had a little, or if you think you are just barely over the limit, just take the test, and they can reduce it or help your situation by making you look better.

About the Author:

Matt Seweryniak is the author of DUI Attorneys California Online.com.