Whether to refuse the breath test in a DUI case and, if so, how to refuse is one of the most frequent topics that I am questioned about.  This article addresses this important issue.

I am frequently asked by friends whether they should submit to a breath test if they are placed under arrest for drunk driving. Honestly, there is no "right" answer to this question. The decision as to whether a person should submit to an officer's request for a state-administered test of his or her breath is a decision which must be based upon the circumstances of the individual's case and the possible ramifications of a refusal in a person's life. That being said, if a person elects to refuse the state-administered breath test, there are some refusals which are "better" than others. Below are some of the better means of refusing an officer's request for a breath test:

· I respectfully decline.
· I have a close family friend that is an attorney, and he has suggested that I refuse.
· I am sorry. I don't know that I can trust a breath test, and this is just too important to leave to chance.
· Will you release me if I blow under the legal limit? If you can't tell me that now, I don't see why I should submit to it.

While there are some "good" means of refusing the state-administered test of one's breath, there are also some very bad means of refusing the test. Generally, any response in which a person is disrespectful towards the officer and any response that involves cursing should be avoided. In my opinion, no single factor will sink a DUI defense as quickly as a person who curses at an officer or is exceptionally disrespectful towards an officer.