Criminal defense in Austin Texas.

Saying “no” to the Intoxilyzer

Posted By on December 19, 2008

A couple of the most common questions folks ask defense attorneys are, “Should I take the breath test?” and “What should I say if I’m going to refuse?”

I heard about the best response to the second question the other day.


Officer: “I am now requesting a specimen of breath and/or blood.”

Driver: “What will happen if I pass the test?  Will you let me go?”

Officer: “No.  You’re going to jail whether you pass the test or not.”

Driver: “Then I refuse.”

Most folks think that if they can pass the test, they won’t have to go to jail.  The truth is, you’re going to jail no matter what.  Once they ask for that specimen, you’re already past the point where they might let you get back in your car and drive yourself home.

So if you’re not going to take the test (more on that later), the best thing you can do for yourself is to make it absolutely clear why it is you’ve decided to decline.

(Props, by the way, to Jamie Spencer, who’s the original source.)


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