Should I take the Breath Test when I get Pulled Over for a DUI?

That depends… by not taking the breath test your license to drive can be suspended for ONE year, but if you have a prior refusal, then your license can be suspended for ONE AND A HALF YEARS and this in and of itself is a crime (misdemeanor). However, even if your license is suspended, you may be able to get a business purposes license if you do not have any prior DUI convictions. A business purposes only license would entitle you to go everywhere but the beach and the bars. BUT, by taking the breath test and failing it, that is a .08% breath alcohol or greater, then your license is suspended anyway, PLUS the State now has really good evidence that they WILL use against you to prove that you were driving drunk driving. So, if you think that you might blow over the .08 percent of alcohol limit, and you have no prior DUI’s, perhaps it might be better not to take the breath test.