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Should I Blow?

As a DUI Defense attorney for well over 20 years, the most common question remains, Should I blow?  Unfortunately the answer is not quite so simple as yes or no.  First, know your rights:

YOU DO HAVE THE RIGHT TO REFUSE:  however if you refuse breathalyzer in Kentucky, there are the consequences!

If you refuse the breathalyzer (or blood or urine request), then the court will automatically suspend your driving privileges at your first court appearance. The suspension for refusal is 120 days and is automatic. You may be eligible for driving privileges with ignition interlock in your vehicle. The court will only allow generally if it is a first offense and you were suspected to be under the influence of alcohol. (Not drugs because ignition interlock only tests for alcohol)

It is important to know the difference between a breathalyzer and a PBT - portable breath test. A Breathalyzer is the official test which is only offered at the police station or the jail. You have the right to refuse the PBT without any consequence to your license.

If you refused, you MAY have a better chance of taking the case to trial and being found Not Guilty. 

Often providing a sample of breath or blood will provide the prosecution with information which they may use at trial to help gain a conviction. If you have a blood alcohol level or breath alcohol level over .08, you can be found guilty of DUI , regardless of your level of impairment.  Moreover, if you have a level over .15,you may be subject to mandatory incarceration.

If you did refuse, all is not lost.  

While you may lose your license, you may be eliglble for ignition interlock and privileges to drive wiht the interlock device.  Moreover, you may prevent mandatory jail time and possibly provide for a better defense to the charges.

IN SHORT.  If you are heavily under the influence, you should refuse so that you don't register over .15.  If you are drunk, you should refuse if you plan to challenge the stop or the DUI and contest a conviction.  Unfortunatley, this will lead to an automatic suspension.  If you are not intoxicated at all, and are clearly under the .08 level, you should blow!!

Regardless of whether you submit to a breathalyzer or refuse, you should hire an experienced DUI defense attorney to handle your case and assist you through the system. For consultation in Northern Kentucky, call Michael Bouldin at 581-MIKE; 859-581-6453 or email [email protected].

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